No. 23-6562

Kenneth Eugene Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-01-25
Status: Denied
Type: IFP
IFP
Tags: cruel-and-unusual-punishment eighth-amendment equal-protection execution-protocol nitrogen-hypoxia preliminary-injunction ptsd-trauma standing
Latest Conference: N/A
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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?

Docket Entries

2024-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
2024-01-25
Application (23A688) for stay of execution of sentence of death, submitted to Justice Thomas.
2024-01-25
Response to application from respondent Commissioner, Alabama Dep't of Corrections, et al. filed.
2024-01-25
Petition DENIED. Justice Sotomayor, Justice Kagan and Justice Jackson dissent. (Detached Opinion)
2024-01-25
Reply of applicant Kenneth Eugene Smith filed.
2024-01-25
Reply of petitioner Kenneth Eugene Smith filed.
2024-01-25
Application (23A688) referred to the Court.
2024-01-25
Application (23A688) for stay of execution of sentence of death presented to Justice Thomas any by him referred to the Court is denied. The petition for a writ of certiorari is denied. Justice Sotomayor, dissenting from the denial of application for stay and denial of certiorari (detached opinion). Justice Kagan, with whom Justice Jackson joins, dissenting from the denial of application for stay and denial of certiorari (detached opinion).

Attorneys

Kenneth Eugene Smith
Robert M. GrassArnold & Porter Kaye Scholer LLP, Petitioner