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Kentucky Lethal Injection Challenge Dismissed

By Steve Hall

"Lethal injection lawsuit dismissed," is the title of the AP report by Brett Barrouquere, via the Lexington Herald-Leader. A federal judge has dismissed a lawsuit by two Kentucky death row inmates who claimed lethal injection violates federal laws because a doctor doesn't obtain or administer the drugs.U.S. District Judge Karen Caldwell on Thursday ruled that condemned inmates Thomas Clyde Bowling and Ralph S. Baze should have raised the issue in a lawsuit they brought in 2004 challenging the constitutionality of Kentucky's execution process."Because such claims could and should have been pursued in the prior state court litigation, the rule against splitting causes of actions applies, and plaintiffs are barred from pursuing them now," Caldwell wrote...continue to full post

Full post as published by StandDown Texas Project on September 27, 2010 (boomark / email).