University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Harris v. Johnson CJ-TX-0001
Docket / Court 4:04-cv-01514 ( S.D. Tex. )
State/Territory Texas
Case Type(s) Criminal Justice (Other)
Case Summary
On April 15, 2004, David Ray Harris, a death-sentenced inmate at the Huntsville Prison in Texas filed a lawsuit under 42 U.S.C. § 1983 against the Texas Department of Corrections in the U.S. District Court for the Southern District of Texas. Harris complained that Texas' use of lethal injection ... read more >
On April 15, 2004, David Ray Harris, a death-sentenced inmate at the Huntsville Prison in Texas filed a lawsuit under 42 U.S.C. § 1983 against the Texas Department of Corrections in the U.S. District Court for the Southern District of Texas. Harris complained that Texas' use of lethal injection as an execution method violated the Eighth Amendment's prohibition against cruel and unusual punishment, and he asked the Court to permanently enjoin the defendants from using lethal injection on any prisoner.

On April 30, 2004, the District Court (Judge Vanessa Gilmore) dismissed the complaint without addressing the merits, finding that Harris's complaint was nothing more than a successive habeas corpus complaint and ruling that Harris must seek authorization from the U.S. Court of Appeals for the Fifth Circuit (who had denied Harris's previous habeas claim) before filing a successive habeas petition in the district courts.

Harris appealed, and on June 23, 2004, the Fifth Circuit (Judges Jerry Edwin Smith, James L. Dennis, and Edith Brown Clement) issued a per curiam opinion reversing the District Court's dismissal of the case in light of the U.S. Supreme Court's ruling in Nelson v. Campbell, 124 S.Ct. 2117 (2004), which was decided after the District Court's decision in this case. In Nelson, the Supreme Court found that § 1983 was an appropriate vehicle for some challenges to state execution methods, and that not all such challenges are habeas claims. In light of this ruling, the Fifth Circuit remanded the case back to the District Court for consideration. Harris v. Johnson, No. 04-70020, 2004 WL 1427042 (5th Cir. Jun. 23, 2004).

Six days later, the District Court (Judge Gilmore) granted Harris's request for a temporary restraining order and stay of execution in order to allow for a hearing in the case and denying the defendants' motion to dismiss. The defendants appealed the denial of their motion to dismiss.

The next day, the Fifth Circuit overruled the District Court's granting of the stay of execution and dismissed the case. Harris asked the Supreme Court to review the decision, but the Supreme Court declined to hear the case.

On June 30, 2004 in Huntsville, Texas, David Ray Harris was executed by lethal injection. The case was closed the next day.

Kristen Sagar - 09/16/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Death Penalty
Lethal Injection - General
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Texas Department of Corrections
Plaintiff Description a death-sentenced prisoner of the State of Texas
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2004
Case Ongoing No
Additional Resources
click to show/hide detail
Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
4:04-cv-01514 (S.D. Tex.) 07/06/2004
CJ-TX-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Notice of Transfer 04/21/2004
CJ-TX-0001-0001.pdf | Detail
Order [Dismissing Complaint] 04/29/2004 (S.D. Tex.)
CJ-TX-0001-0002.pdf | Detail
Judgment 06/23/2004
CJ-TX-0001-0003.pdf | Detail
USCA Per Curiam 06/23/2004 (2004 WL 1427042)
CJ-TX-0001-0004.pdf | WESTLAW | Detail
Order 06/29/2004 (323 F.Supp.2d 797) (S.D. Tex.)
CJ-TX-0001-0005.pdf | WESTLAW| LEXIS | Detail
Judges Clement, Edith Brown (Fifth Circuit, E.D. La.)
CJ-TX-0001-0003 | CJ-TX-0001-0004
Dennis, James L. (Fifth Circuit)
CJ-TX-0001-0003 | CJ-TX-0001-0004
Gilmore, Vanessa D. (S.D. Tex.)
CJ-TX-0001-0002 | CJ-TX-0001-0005 | CJ-TX-0001-9000
Smith, Jerry Edwin (Fifth Circuit)
CJ-TX-0001-0003 | CJ-TX-0001-0004
Monitors/Masters None on record
Plaintiff's Lawyers Farrell, Thomas M. (Texas)
CJ-TX-0001-9000
Defendant's Lawyers Bunn, Gena Blount (Texas)
CJ-TX-0001-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -