Berry v. Epps

3 Citing cases

  1. Walker v. Epps

    550 F.3d 407 (5th Cir. 2008)   Cited 166 times
    Holding that Baze did not reset the date of accrual, in part because "as early as 1997 the United States District Court for the Southern District of Mississippi recognized that inmates could challenge Mississippi's lethal injection protocol in a § 1983 suit"

    The Supreme Court of the United States, after initially staying Berry's execution, denied his petition for certiorari on April 21, 2008. Berry v. Epps, ___ U.S. ___, 128 S.Ct. 2048, 170 L.Ed.2d 796 (2008). In the meantime, no progress was made in the remaining plaintiffs' case.

  2. Walker v. Epps

    287 F. App'x 371 (5th Cir. 2008)   Cited 13 times
    Finding that the prisoner "ha[d] not demonstrated irreparable harm `through the mere possibility that some unforeseen complication will result in a lingering death causing [him] to suffer unnecessary pain[; therefore,] [h]e cannot rely on this possibility as the grounds for substantial risk of harm'" (citing Lambert v. Buss, 498 F.3d 446, 452 (7th Cir. 2007), and Beardslee, 395 F.3d at 1075) (alterations in original)

    Berry v. Epps, ___ U.S. ___, 128 S.Ct. 531, 169 L.Ed.2d 370 (2007). Ultimately, the Supreme Court denied Berry's petition for certiorari, on April 21, 2008, see Berry v. Epps, ___ U.S. ___, 128 S.Ct. 2048, 170 L.Ed.2d 796 (2008), but during the pendency of Berry's stay, no action was taken in the plaintiffs' § 1983 case. The State failed to respond to the plaintiffs' complaint and the plaintiffs moved for a default judgment.

  3. Walker v. Epps

    587 F. Supp. 2d 763 (N.D. Miss. 2008)   Cited 13 times
    Noting " continuing tort sufficient to toll a statute of limitations is . . . not [occasioned] by continual ill effects from an original violation"

    Berry's execution was stayed by the United States Supreme Court pending the disposition of his petition for writ of certiorari, and that stay was lifted upon the Supreme Court's denial of the petition on April 21, 2008. See Berry v. Epps, ___ U.S. ___, 128 S. Ct. 2048 (2008). Between the time Berry's execution was stayed by the Supreme Court and the time the stay was ultimately lifted, the State failed to file an answer to Plaintiffs' complaint. On May 2, 2008, Plaintiffs moved for entry of default, which was entered on May 5, 2008.