Does the Eighth Amendment preclude the execution of a seriously mentally ill inmate whose homicidal behavior was the reasonably known, foreseeable, and preventable product of his illness and the direct result of the State's failure, in violation of the Eighth Amendment, to provide him with minimally adequate mental health care that was necessary to control his behavior?

QUESTIONS PRESENTED 1. Does the Eighth Amendment preclude the execution of a seriously mentally ill inmate whose homicidal behavior was the reasonably known, foreseeable, and preventable product of his illness and the direct result of the State’s failure, in violation of the Eighth Amendment, to provide him with minimally adequate mental health care that was necessary to control his behavior? 2. Consistent with Johnson v. United States, 544 U.S. 295, 296 (2005), is this Court’s holding in Brown v. Plata, 563 U.S. 493, 532 (2011), a “fact” that must be considered by a state court in fairly and accurately assessing whether the State violated rights secured by the Eighth Amendment?