Jeffery Wood v. Bryan Collier
Jeffery Wood v. Bryan Collier
Opinion of the Court
Plaintiffs appeal the dismissal of their 42 U.S.C. § 1983 suit challenging Texas’s death penalty protocol as violative of their right to be free from an undue risk of serious pain under the Eighth Amendment and as violative of their right to equal protection under the law under the Fourteenth Amendment. Previously, we denied a stay, finding that Plaintiffs were unlikely to succeed on the merits of their appeal.
Additionally, Plaintiffs now appeal the dismissal of their other claims, which center on other aspects of Texas’s death penalty protocol, as time barred.
Direct review of each of the Plaintiffs’ convictions ended between seven and fourteen years ago.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
. Wood v. Collier, 836 F.3d 534 (5th Cir. 2016).
. Specifically, the district court dismissed as time barred Plaintiffs’ claims that: (1) the use of compounded pentobarbital violates the Eighth and Fourteenth Amendments because it creates a risk of severe pain that could be mitigated by the use of available alternative methods; (2) Texas’s death penalty protocol injures Plaintiffs' rights under the First, Eighth, and Fourteenth Amendments by failing to disclose information regarding the injection drug and by concealing certain information about how the executions will be performed; and (3) the lack of a requirement to notify them about changes regarding the protocol deprives Plaintiffs of their ability to protect their Eighth Amendment rights in violation of the Eighth and Fourteenth Amendments.
. Walker v. Epps, 550 F.3d 407, 412 (5th Cir. 2008); see also Wilson v. Garcia, 471 U.S. 261, 279, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985).
. Tex. Civ. Prac. & Rem. Code Ann. § 16.003 (West 2016).
. Walker, 550 F.3d at 414.
. See Gonzales v. State, 2009 WL 1684699 (Tex. Crim. App. June 17, 2009); Edwards v. State, 2006 WL 475783 (Tex. Crim. App. Mar.
. This is the most generous accrual point possible. Some of the aspects of Texas's death penalty protocol Plaintiffs challenge have not changed since 2008. Using either date, however, results in the same conclusion: these challenges are time barred.
. In denying Plaintiffs’ request for a stay pending appeal, we addressed the merits of Plaintiffs’ claims regarding pentobarbital under both an equal protection framework and the Eighth Amendment Glossip framework. Wood, 836 F.3d at 540. Even if we were to accept Plaintiffs' arguments that the proper accrual date for those claims is in 2015, we agree with the district court that, at bottom, those claims are meritless. Plaintiffs' other claims, which appear tertiary to the challenge to the use of compounded pentobarbital, are plainly untimely,
Concurring Opinion
concurring in part and concurring in the judgment:
I agree with the majority that, on the showing made, Plaintiffs’ constitutional claims fail on the merits. Further ruling on the statutes of limitations is therefore unnecessary. I recognize that Walker v. Epps, 550 F.3d 407 (5th Cir. 2008), is binding authority in this Circuit and requires plaintiffs seeking solely equitable relief to comply with state statutes of limitations. However, I am concerned that our decision in Walker misinterpreted the Supreme Court’s decision in Wilson v. Garcia, 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), when it read it to overrule Holmberg v. Armbrecht, 327 U.S. 392, 66 S.Ct. 582, 90 L.Ed. 743 (1946), a case that Wilson neither discussed nor even mentioned. As a member of this court has observed, “[t]he question whether a statute of limitations should apply to a claim such as this one, where the plaintiff seeks purely injunctive relief against an injury that, although certainly foreseeable, has not yet occurred, is a difficult one.” Walker v. Epps, 287 Fed.Appx. 371, 379 (5th Cir. 2008) (King, J., dissenting). As she did, I refer the reader to Judge Myron Thompson’s excellent discussion of this subject, published at Jones v. Allen, 483 F.Supp.2d 1142 (M.D. Ala. 2007).
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