In a 42 U.S.C. section 1983 challenge to Ohio's lethal injection method of execution, the dismissal of the action is affirmed where: 1) the continuing-violations doctrine did not toll the statute of limitations; 2) the statute of limitations set forth in Cooey v. Strickland, 479 F.3d 412 (6th Cir. 2007) (Cooey II), did not constitute a "new rule of law" that could not be applied retroactively; and 3) Cooey II did not fully adopt the Antiterrorism and Effective Death Penalty Act's statute-of-limitations provisions.
Filed September 1, 2009
Opinion by Judge Moore