Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al.
Did the Eleventh Circuit deviate from established precedent when it affirmed the denial of a motion for a preliminary injunction on the ground that his planned execution by nitrogen hypoxia using the Alabama Department of Corrections' Protocol would violate his right to be free from cruel and unusual punishment under the Eighth Amendment by exposing him to a substantial risk of being left in a persistent vegetative state, experiencing a stroke, and/or asphyxiation?
Did the Eleventh Circuit deviate from established precedent when it held that Mr. Smith lacked standing to assert his claim that his planned execution would violate his right to equal protection under the Fourteenth Amendment against the state officials responsible for carrying out his execution?
Did the Eleventh Circuit deviate from established precedent when it affirmed the denial of a motion for a preliminary injunction on the ground that his planned execution by nitrogen hypoxia using the Alabama Department of Corrections' Protocol would violate his right to be free from cruel and unusual punishment under the Eighth Amendment by exposing him to a substantial risk of being left in a persistent vegetative state, experiencing a stroke, and/or asphyxiation?