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Nooner v. Norris

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Submitted: September 24, 2009

Before MELLOY, GRUENDER and BENTON, Circuit Judges.

Terrick Terrell Nooner, Don William Davis, Jack Harold Jones and Frank Williams, Jr. (collectively, “the Inmates”) were each convicted of capital murder in Arkansas. Their convictions have been affirmed, their petitions for post-conviction relief have been denied, and they await execution by the State of Arkansas. In this 42 U.S.C. § 1983 lawsuit against Larry Norris, Director of the Arkansas Department of Correction, and other corrections employees (collectively, “the ADC”), the Inmates challenge the constitutionality of Arkansas’s protocol for execution by lethal injection. The district court*fn1 granted the ADC’s motion for summary judgment, and the Inmates now appeal. For the following reasons, we affirm.

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