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Enjoy Your Last Meal, and for Dessert: A Summons and Complaint

By Eric Lipman

Well this isn't your average race to the courthouse. Judge Craig Estlinbaum, on the Adjunct Law Prof Blog, brings us the news that the state of Louisiana decided to go on the offensive in response to a challenge to its lethal injection procedures. A serious offensive. The state sued each and every one of the 84 inmates currently on death row, seeking a declaratory judgment that its method of executing the condemned is just dandy, thank you very much. The suit is described in greater detail on Solitary Watch, and, like most things you read about on the Internet, raises a few questions. Apparently, the state named the 84 inmates in "counterclaims," as part of a suit instituted by one of them, Nathaniel Code, who challenged the lethal injection protocol as a violation of Louisiana's Administrative Procedure Act. By casting the net wide enough to capture 83 prisoners who presumably were just minding their own business training for the upcoming Spring prison rodeo (I have been to the October version, and, think what you will about the concept, I must say Warden Cain puts on a hell of a show), the state seeks to have the court "formally declare, once...

Full post as published by Legal Blog Watch on February 17, 2010 (boomark / email).