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- Hill v. McDonough, 547 U.S. 573 (2006), was a United States Supreme Court case challenging the use of lethal injection as a form of execution in the state of Florida. The Court ruled unanimously that a challenge to the method of execution as violating the Eighth Amendment to the United States Constitution 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 provisions. Accordingly, that the prisoner had previously sought habeas relief could not bar the present challenge. (en)
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- Clarence E. Hill, Petitioner v. James R. McDonough, Interim Secretary, Florida Department of Corrections, et al. (en)
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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. (en)
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- U.S. Const. amend. VIII; U.S. Const. amend. XIV; 28 U.S.C. § 2244; (en)
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- Hill v. McDonough, 547 U.S. 573 (2006), was a United States Supreme Court case challenging the use of lethal injection as a form of execution in the state of Florida. The Court ruled unanimously that a challenge to the method of execution as violating the Eighth Amendment to the United States Constitution 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 provisions. Accordingly, that the prisoner had previously sought habeas relief could not bar the present challenge. (en)
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- (en)
- Clarence E. Hill, Petitioner v. James R. McDonough, Interim Secretary, Florida Department of Corrections, et al. (en)
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