Broom v. Strickland, No. 08-4200
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.
Read Broom v. Strickland, No. 08-4200
Filed September 1, 2009
Opinion by Judge Moore
Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, OH
Charles L. Wille, Office of the Ohio Attorney General, Columbus, OH
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