Whitaker v. Collier

To reset the accrual date, a change to an execution protocol must be substantial, and any new accrual date is applicable only to the portion of the protocol that changed. The switch from manufactured to compounded pentobarbital was not a substantial change because the switch between two forms of the same drug does not significantly alter the method of execution. In this case, the Fifth Circuit affirmed the district court's dismissal of plaintiffs' complaint under 42 U.S.C. 1983, challenging their method of execution. The court held that the district court properly dismissed Counts One, Two, and part of Three as time-barred. Even if the claims were timely, plaintiffs failed to state a claim with regard to Count Three, which addresses the method-of-execution claims regarding the compounded pentobarbital; Counts One and Four, which deal with plaintiffs' alleged inability to access information about their method of execution; and Count Two, which alleges the right to counsel during the events leading up to and during the execution. The court also held that the district court did not apply a heightened pleading standard; the district court did not consider evidence outside the pleadings; and any discovery error was harmless because plaintiffs were not entitled to discovery without a properly pleaded complaint. View "Whitaker v. Collier" on Justia Law