No. 25-6317

Harold Wayne Nichols v. Jonathan Skrmetti, Attorney General of Tennessee, et al.

Lower Court: Sixth Circuit
Docketed: 2025-12-08
Status: Denied
Type: IFP
IFP
Tags: civil-procedure cruel-and-unusual-punishment eighth-amendment lethal-injection method-of-execution statute-of-limitations
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: N/A
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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?

Docket Entries

2025-12-11
Petition DENIED.
2025-12-11
Application (25A669) referred to the Court.
2025-12-11
Application (25A669) for stay of execution of sentence of death presented to Justice Kavanaugh and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2025-12-10
Reply of petitioner Harold Nichols filed.
2025-12-09
Brief of Jonathan Skrmetti, et al. in opposition submitted.
2025-12-09
Brief of respondent Jonathan Skrmetti, et al. in opposition filed.
2025-12-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed.
2025-12-08
Application (25A669) for a stay of execution of sentence of death, submitted to Justice Kavanaugh.

Attorneys

Harold Nichols
Luke Parker IhnenFederal Defender Services of E.TN, Petitioner
Jonathan Skrmetti, et al.
Nicholas White SpanglerOffice of Tennessee Attorney General, Respondent