Hill v. McDonough
Encyclopedia
| Hill v. McDonough | ||||||||
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 Supreme Court of the United States |
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| Argued April 26, 2006 Decided June 12, 2006 |
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| Because a death row prisoner's Eighth Amendment challenge to the method of execution was not a habeas corpus petition, but instead stated a claim under 42 U.S.C. §1983, his claim could not be barred by his previously filed petition for habeas relief. Eleventh Circuit Court of Appeals reversed and remanded. | ||||||||
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| Laws applied | ||||||||
| U.S. Const. amend. VIII Eighth Amendment to the United States Constitution The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual... ; U.S. Const. amend. XIV Fourteenth Amendment to the United States Constitution The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v... ; 28 U.S.C. United States Code The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States... § 2244; 42 U.S.C. § 1983 |
Hill v. McDonough , was a case decided by the United States Supreme Court challenging the use of lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
as a form of execution
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in the state of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. The Court ruled unanimously that a challenge to the method of execution as violating the Eighth Amendment to the United States Constitution
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
properly raised a claim under 42 U.S.C. § 1983, which provides a cause of action for civil rights violations, rather than under the habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
provisions. Accordingly, that the prisoner had previously sought habeas relief could not bar the present challenge.
Factual background
In 1983, Clarence E. HillClarence Hill (murderer)
Clarence Edward Hill was a convicted murderer executed by the state of Florida.A native of Mobile, Alabama, Hill was convicted of the October 19, 1982 murder of Pensacola, Florida police officer Stephen Taylor and the wounding of Taylor's partner, Larry Bailly, when the two officers responded to a...
was convicted of the murder of a Pensacola, Florida
Pensacola, Florida
Pensacola is the westernmost city in the Florida Panhandle and the county seat of Escambia County, Florida, United States of America. As of the 2000 census, the city had a total population of 56,255 and as of 2009, the estimated population was 53,752...
police officer, and subsequently sentenced to death. In 1985, in the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
case of Hill v. State. At a resentencing hearing in 1986, Hill’s death sentence was reinstated, this time being upheld by the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
. In November 1989, a warrant for Hill’s execution was signed by then Governor Robert Martinez, after which Hill sought postconviction relief in both the Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
state courts and the U.S. District Court. In 1992, Hill’s relief was granted when it was ruled that the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
as well as Hill’s trial court had not properly reevaluated the aggravating factors warranting a death sentence when one of them was vacated. In Hill v. State, the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
, having sufficiently reweighed the mitigating factor
Mitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
s, resentenced Hill to death. Hill then sought federal habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
relief, which was first denied by the U.S. District Court, then affirmed by the Eleventh Circuit Court of Appeals.
Lethal injection in Florida
In January 2000, the FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
legislature amended its state statutes changing the prescribed method of execution from electrocution
Electric chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed on the body...
to lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
, unless the person sentenced to death affirmatively elects to be executed by electrocution. The precise authority by which lethal injection was to be carried out was left to the Florida Department of Corrections
Florida Department of Corrections
The Florida Department of Corrections, established in 1821, operates state prisons in Florida. It has its headquarters in Tallahassee.The Florida Department of Corrections operates the third largest state prison system in the United States...
.
The Florida Department of Corrections does not publish its information about lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
, and so the only source available describing Florida’s
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
use of the lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
death penalty comes from Sims v. State, which indicated that the lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
death penalty was carried out by first administering sodium pentothal, an anesthetic, then pancuronium bromide, which paralyzes
Paralysis
Paralysis is loss of muscle function for one or more muscles. Paralysis can be accompanied by a loss of feeling in the affected area if there is sensory damage as well as motor. A study conducted by the Christopher & Dana Reeve Foundation, suggests that about 1 in 50 people have been diagnosed...
the lungs, and followed lastly by potassium chloride
Potassium chloride
The chemical compound potassium chloride is a metal halide salt composed of potassium and chlorine. In its pure state, it is odorless and has a white or colorless vitreous crystal appearance, with a crystal structure that cleaves easily in three directions. Potassium chloride crystals are...
, which inflicts cardiac arrest
Cardiac arrest
Cardiac arrest, is the cessation of normal circulation of the blood due to failure of the heart to contract effectively...
.
Lower court proceedings
On November 29, 2005, FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
Governor Jeb Bush
Jeb Bush
John Ellis "Jeb" Bush is an American politician who served as the 43rd Governor of Florida from 1999 to 2007. He is a prominent member of the Bush family: the second son of former President George H. W. Bush and former First Lady Barbara Bush; the younger brother of former President George W...
signed a warrant for Hill’s execution, which was to be carried out on January 24, 2006. Upon the signing of his death warrant, Hill requested information from the Department of Corrections
Department of Corrections
A Department of Corrections is a governmental agency responsible for overseeing the incarceration of persons convicted of crimes within a particular jurisdiction. Entities serving that purpose include:* Department of Corrections...
regarding the specific methods by which lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
were carried out. Sims v. State permitted the Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
Department of Corrections
Department of Corrections
A Department of Corrections is a governmental agency responsible for overseeing the incarceration of persons convicted of crimes within a particular jurisdiction. Entities serving that purpose include:* Department of Corrections...
to change its procedures for carrying out the lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
death penalty as it saw fit, and Hill sought to find out how those procedures had changed, if at all. The Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
Department of Corrections
Department of Corrections
A Department of Corrections is a governmental agency responsible for overseeing the incarceration of persons convicted of crimes within a particular jurisdiction. Entities serving that purpose include:* Department of Corrections...
refused to comply with Hill’s request.
Florida state courts
Because the information in Sims v. State seemed to suggest the possibility of causing great bodily harm, Hill filed, on December 15, 2005, a petition for postconviction relief in the state of FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
and requested an evidentiary hearing to investigate whether or not the state’s lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
death penalty did, in fact, cause bodily harm. The Circuit Court for Escambia County
Escambia County, Florida
Escambia County is the westernmost county in the U.S. state of Florida. The 2010 population was 297,619. The U.S. Census Bureau 2005 estimate for the county is 296,772. Its county seat is Pensacola.- History :...
denied Hill’s motions for postconviction relief and for an evidentiary hearing. Hill then appealed to the Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
on January 3, 2006. On January 17, 2006, Florida’s
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
High Court affirmed.
U.S. District Court for the Middle District of Florida
Three days later, on January 20, Hill filed suit in the U.S. District Court for the Middle District of FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
under 42 U.S.C. 1983, challenging that Florida’s
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
death penalty would cause great bodily harm in violation of his Eighth
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
and Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
rights. Hill requested an injunction barring his execution until his claims could be judged upon as well as a permanent injunction barring the Department of Corrections
Department of Corrections
A Department of Corrections is a governmental agency responsible for overseeing the incarceration of persons convicted of crimes within a particular jurisdiction. Entities serving that purpose include:* Department of Corrections...
from utilizing the lethal injection
Lethal injection
Lethal injection is the practice of injecting a person with a fatal dose of drugs for the express purpose of causing the immediate death of the subject. The main application for this procedure is capital punishment, but the term may also be applied in a broad sense to euthanasia and suicide...
death penalty. Hill did not, however, challenge his death sentence.
The next day, the U.S. District Court denied Hill’s petition, contending that standing case law was clear on the matter of jurisdiction. Under Robinson v. Crosby and In re Provenzano, the District Court held that Hill’s claim was the same as a petition for habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, and, as a result, was required to be dismissed because Hill had not filed a habeas
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petition under 28 U.S.C. 2244(b).
Eleventh Circuit Court of Appeals
With Hill’s execution approaching fast, Hill filed an emergency appeal to the Eleventh Circuit Court of Appeals, which, on the day of Hill’s execution, affirmed the U.S. District Court. They agreed with the lower court that Hill’s suit was, in fact, a habeas corpusHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petition, and the District Court was right to dismiss.
Certiorari granted
The same day, Hill petitioned the U.S. Supreme Court for certiorariCertiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
and requested a stay of execution. Justice Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
granted a temporary stay, which was followed up the next day by a granting of certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
from the entire Court and a full stay of execution.
Petitioner
The petitionerPetitioner
A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition.-In the courts:The petitioner may seek a legal remedy if the state or another private person has acted unlawfully...
in Hill v. McDonough is Clarence Edward Hill. In the lower courts, Hill is also the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
-appellant.
Respondents
In the lower courts, the respondentRespondent
A respondent is a person who is called upon to issue a response to a communication made by another. In legal usage, this specifically refers to the defendant in a legal proceeding commenced by a petition, or to an appellee, or the opposing party, in an appeal of a decision by an initial fact-finder...
s in Hill v. McDonough were James V. Crosby, Jr., the Secretary
Secretary
A secretary, or administrative assistant, is a person whose work consists of supporting management, including executives, using a variety of project management, communication & organizational skills. These functions may be entirely carried out to assist one other employee or may be for the benefit...
of the Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
Department of Corrections
Department of Corrections
A Department of Corrections is a governmental agency responsible for overseeing the incarceration of persons convicted of crimes within a particular jurisdiction. Entities serving that purpose include:* Department of Corrections...
, and Charlie Crist
Charlie Crist
Charles Joseph "Charlie" Crist, Jr. is an American politician who was the 44th Governor of Florida. Prior to his election as governor, Crist previously served as Florida State Senator, Education Commissioner, and Attorney General...
, the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. In the lower courts, both Crosby and Crist were defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s-appellants.
Since the lower court rulings, James V. Crosby, Jr. has been replaced by James R. McDonough, the interim Secretary
Secretary
A secretary, or administrative assistant, is a person whose work consists of supporting management, including executives, using a variety of project management, communication & organizational skills. These functions may be entirely carried out to assist one other employee or may be for the benefit...
of the Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
Department of Corrections
Department of Corrections
A Department of Corrections is a governmental agency responsible for overseeing the incarceration of persons convicted of crimes within a particular jurisdiction. Entities serving that purpose include:* Department of Corrections...
.
Hill has amended his suit to include McDonough and exclude Crosby. Crist remains as a respondent
Respondent
A respondent is a person who is called upon to issue a response to a communication made by another. In legal usage, this specifically refers to the defendant in a legal proceeding commenced by a petition, or to an appellee, or the opposing party, in an appeal of a decision by an initial fact-finder...
.
Counsel
Hill’s counsel of record is D. Todd Doss of Lake CityLake City, Florida
Lake City is the county seat of Columbia County, Florida, in the United States. In 2009, the U.S. Census Bureau estimated the city's population at 12,614. In addition, it is the Principal City of the Lake City Micropolitan Statistical Area, which is composed of Columbia County, and had an...
, FL
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. Assisting him in the appeal are Donald B. Verrilli, Jr., Ian Heath Gershengorn
Ian Heath Gershengorn
Ian Heath Gershengorn is an American lawyer who currently is a deputy assistant attorney general in the United States Department of Justice's Civil Division.- Early life and education :...
, and Eric Berger, all of whom are from Jenner & Block
Jenner & Block
Jenner & Block is a U.S. law firm with offices in Chicago, New York, Los Angeles, and Washington, DC. Approximately 450 attorneys serve a wide range of clients in corporate litigation, business transactions, and in the public sector. Jerold S. Solovy was the longtime Chair of the firm, but on Sept...
LLP. John Abatecola, a private attorney from Sunrise
Sunrise
Sunrise is the instant at which the upper edge of the Sun appears above the horizon in the east. Sunrise should not be confused with dawn, which is the point at which the sky begins to lighten, some time before the sun itself appears, ending twilight...
, FL
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, is also assisting.
McDonough and Crist’s attorney of record is Carolyn M. Snurkowski, the Assistant Deputy Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
for the state of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
. Charlie Crist is also assisting.
Counsel Amicus Curiae
Amicus CuriaeAmicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
for Hill are Human Rights Advocates, Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
, and the Minnesota Advocates for Human Rights. They are represented by Constance de La Vega, Professor of Law at the University of San Francisco
University of San Francisco
The University of San Francisco , is a private, Jesuit/Catholic university located in San Francisco, California. Founded in 1855, USF was established as the first university in San Francisco. It is the second oldest institution for higher learning in California and the tenth-oldest university of...
, whose office is at the Frank C. Newman International Human Rights Law Clinic. Assisting is David Weissbrodt, a Regents Professor as well as a Frederickson & Byron Professor of Law at the University of Minnesota
University of Minnesota
The University of Minnesota, Twin Cities is a public research university located in Minneapolis and St. Paul, Minnesota, United States. It is the oldest and largest part of the University of Minnesota system and has the fourth-largest main campus student body in the United States, with 52,557...
.
Amicus Curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
for McDonough and Crist are the Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
’s Office, the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
’s Office, and the Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. They are represented by Paul D. Clement
Paul Clement
Paul Drew Clement is a former United States Solicitor General and current Georgetown University legal professor. He is also an adjunct professor at New York University School of Law. He was nominated by President George W...
, the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Solicitor General. Assisting him are Assistant Attorney General Alice S. Fisher
Alice S. Fisher
Alice S. Fisher was appointed by President George W. Bush in a recess appointment August 31, 2005, as Assistant Attorney General to head the Criminal Division in the United States Department of Justice....
, Deputy Solicitor General Gregory G. Garre
Gregory G. Garre
Gregory G. Garre is a former United States Solicitor General serving between June 19, 2008 to January 20, 2009. He spent his early life in his hometown of Barrington, Illinois. He received his undergraduate degree from Dartmouth College in 1987 and his law degree from George Washington University...
, Assistant to the Solicitor General Kannon K. Shanmugam
Kannon Shanmugam
Kannon Shanmugam is a partner at the law firm of Williams & Connolly, focusing on Supreme Court and appellate litigation. He has argued ten cases before the Supreme Court, more than any other lawyer in the firm's history except Edward Bennett Williams...
, and Department of Justice Attorney Robert J. Erickson.
Briefs of the petitioner and respondent
In Hill’s brief to the U.S. Supreme Court, two questions are presented:Question One
1. Whether a complaint brought under 42 U.S.C. § 1983 by a death-sentenced state prisoner, who seeks to stay his execution in order to pursue a challenge to the chemicals utilized for carrying out the execution, is properly recharacterized as a habeas corpus petition under 28 U.S.C. § 2254.Hill's brief
By invoking 42 U.S.C. 1983, Hill argues that the procedures for carrying out lethal injection as prescribed by the FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
Department of Corrections
Department of Corrections
A Department of Corrections is a governmental agency responsible for overseeing the incarceration of persons convicted of crimes within a particular jurisdiction. Entities serving that purpose include:* Department of Corrections...
are intended to violate his Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
right against cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
. The Eleventh Circuit’s dismissal of his petition, Hill argues, fails to adjudicate his Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
claim, and, accordingly, requests the Eleventh Circuit's ruling be reversed.
Government's brief
The government contends that, because the end result of Hill’s suit is to challenge a death sentence, the claim must be filed under the 28 U.S.C. 2254 habeasHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
statute, under which such challenges are supposed to be filed. Accordingly, the government requests the Eleventh Circuit’s ruling be affirmed.
Hill's rebuttal brief
Hill rebuts the government by saying that habeasHabeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
claims under 28 U.S.C. 2254 are reserved for challenges for the death penalty as a whole, whereas challenges for the specific method of execution should be controlled by 42 U.S.C. 1983. Accordingly, Hill requests the Eleventh Circuit’s ruling be reversed.
Question Two
2. Whether, under this Court’s decision in Nelson, a challenge to a particular protocol the State plans to use during the execution process constitutes a cognizable claim under 42 U.S.C. § 1983.Hill's brief
Citing Nelson v. Campbell, Hill argues that, because his petition is only challenging the method by which the state of Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
intends to execute him, and not the death sentence itself, the Court is required to entertain his petition, and, accordingly, requests the Eleventh Circuit’s ruling be reversed.
Government's brief
The government challenges Hill’s reading of Nelson, contending that claims under 42 U.S.C. 1983 are only cognizable if a habeas challenge has been entertained. Accordingly, the government requests the Eleventh Circuit’s ruling be affirmed.
Hill's rebuttal brief
Hill rebuts the government by saying that Nelson controls so long as a claim under 42 U.S.C. 1983 is specific to the method of the execution and not the sentence itself. Accordingly, Hill requests the Eleventh Circuit’s ruling be reversed.
The court's decision
The Supreme Court handed down its decision on June 12, 2006.See also
Resources
- Text of 42 U.S.C. §1983, courtesy of the Legal Information Institute at Cornell Law School
- Full text of the Supreme Court's decision (.pdf)
- Appeal from the United States District Court for the Northern District of Florida (PDF)
- Hill's Petition for a Writ of Certiorari to the Eleventh Circuit Court of Appeals (PDF)
- Certiorari Granted (PDF)
- Brief for the Petitioner (PDF)
- Respondent's Brief on the Merits (PDF)
- Reply Brief for Petitioner (PDF)
- Brief Amici Curiae of Human Rights Advocates, Human Rights Watch, and Minnesota Advocates for Human Rights in Support of Petitioner (PDF)
- Brief for the United States as Amicus Curiae Supporting Respondents (PDF)
- liibulletin: Hill v. McDonough