Nance v. Ward
U.S. Supreme Court · decided June 23, 2022 · Supreme Court Database (Spaeth)
- Decided
- June 23, 2022
- Term
- October Term 2021
- Vote
- 5–4
- Majority author
- Justice Kagan
- Issue area
- Criminal Procedure
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2021 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus NANCE v. WARD, COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS, ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 21–439. Argued April 25, 2022—Decided June 23, 2022 A prisoner who challenges a State’s proposed method of execution under the Eighth Amendment must identify a readily available alternative method that would significantly reduce the risk of severe pain. If the prisoner proposes a method already authorized under state law, the Court has held that his claim can go forward under 42 U. S. C. §1983 , rather than in habeas. See Nelson v. Campbell, 541 U. S. 637 , 644– 647. But the prisoner is not confined to proposing a method already authorized under state law; he may ask for a method used in other States. See Bucklew v. Precythe, 587 U. S. ___, ___. The question pre- sented is whether a prisoner who does so may still proceed under §1983. Petitioner Michael Nance brought suit under…
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