Jackson v. Danberg, No. 09-1925

In an appeal brought by a class of inmates challenging the constitutionality of Delaware's new capital punishment by lethal injection, district court's grant of summary judgment is affirmed and the stay dissolved as, under Baze, an execution protocol that does not present a substantial risk of serious harm passes constitutional muster and, on the record, Delaware's protocol presents no such risk.   

Read Jackson v. Danberg, No. 09-1925

Appellate Information

On Appeal from the United States District Court for the District of Delaware

Opinion Filed February 1, 2010

Judges

Before:  Fisher, Hardiman, and Van Antwerpen, Circuit Judges

Opinion by Circuit Judge Fisher

Counsel:

For Appellant:  Helen A. Marino, Maria K. Pulzetti, Michael Wiseman, Defender Association of Philadelphia

For Appellee:   Elizabeth R. McFarlan, Loren C. Meyers, Marc P. Niedzielski, Gregory E. Smith. Department of Justice