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

Appellate Information

Filed September 1, 2009

Judges

Opinion by Judge Moore

Counsel

For Appellant:

Timothy F. Sweeney, Law Office of Timothy Farrell Sweeney, Cleveland, OH

For Appellees:

Charles L. Wille, Office of the Ohio Attorney General, Columbus, OH