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Harbison v. Little, No. 07-6225

In a 42 U.S.C. section 1983 action challenging Tennessee's lethal injection protocol under the Eighth Amendment, judgment for Plaintiff is vacated where Baze v. Rees, 128 S. Ct. 1520 (2008), addressed the same risks identified by the District Court, but reached the conclusion that they did not rise to the level of a constitutional violation.

Read Harbison v. Little, No. 07-6225

Appellate Information

Argued: January 20, 2009

Decided and Filed: July 2, 2009


Opinion by Judge Siler

Dissenting Opinion by Judge Clay


Joseph Frederick Whalen, Office of the Tennessee Attorney General, Nashville, TN

Stephen M. Kissinger, Federal Defender Services of Eastern Tennessee, Inc., Knoxville, TN