Harold Wayne Nichols v. Jonathan Skrmetti, Attorney General of Tennessee, et al.
DueProcess Punishment JusticiabilityDoctri
1. Because a method-of-execution-challenge involves a future harm, and not a past harm, lower courts have struggled to determine when the claim accrues, applying an ad hoc assortment of rules. Lower courts and death-sentenced prisoners need guidance from this Court as to when a method of execution challenge must be brought. Does the State of Tennessee's adoption of a new lethal injection protocol and a new lethal injection drug result in a substantial change that resets the statute of limitations?
2. When a responsive pleading to a complaint correctly identifies (1) a claim and (2) the standard that applies, does a complaint fail to state a claim under Federal Rule of Civil Procedure 12(b)(6)?
3. Under its original meaning, the Eighth Amendment's Cruel and Unusual Punishments Clause prohibits punishments that heighten the risk of severe, unjustified harm beyond the baseline established by longstanding prior practice. Does Tennessee's new one-drug protocol heighten the risk of severe, unjustified harm beyond the baseline established by longstanding prior practice and other acceptable methods of execution such as the firing squad?
Does the State of Tennessee's adoption of a new lethal injection protocol and a new lethal injection drug result in a substantial change that resets the statute of limitations?