University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Walker v. Johnson CJ-VA-0002
Docket / Court 05-0934 ( E.D. Va. )
State/Territory Virginia
Case Type(s) Criminal Justice (Other)
Case Summary
On August 10, 2005, Darick Demorris Walker, a death-sentenced prisoner of the State of Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Eastern District of Virginia. Walker, who was scheduled to be executed by ... read more >
On August 10, 2005, Darick Demorris Walker, a death-sentenced prisoner of the State of Virginia, filed a lawsuit under 42 U.S.C. § 1983 against the Virginia Department of Corrections in the U.S. District Court for the Eastern District of Virginia. Walker, who was scheduled to be executed by lethal injection, asked the court for declaratory and injunctive relief, complaining that the lethal injection procedures used by the defendants would violate his constitutional rights by subjecting him to a high risk of great pain and suffering in violation of the Eighth Amendment's prohibition of cruel and unusual punishment. Specifically, he argued that the drugs used by the defendants would not properly anesthetize him, allowing him to feel the excrutiating pain caused by the potassium chloride injection. He also argued that the use of the paralytic agent pancuronium bromide was arbitrary and unreasonable because it risked the infliction of torture, causing the executed to suffocate due to the inability to use his lungs.

The District Court held a hearing on May 5, 2006, and on September 11, 2006, the Court (Judge Claude M. Hilton) denied the plaintiff's request and dismissed the complaint, finding that the plaintiff had not demonstrated any substantial risk of harm resulting from the lethal injection procedure and that the defendants had not deliberately disregarded any risks to his rights. Walker v. Johnson, 448 F.Supp.2d 719 (E.D.Va. 2006).

Our Pacer docket, which as accurate as of September 17, 2007, says that the case is closed, and Walker remains on Virginia's death row.

Kristen Sagar - 09/17/2007


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Issues and Causes of Action
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Issues
Death Penalty
Lethal Injection - General
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Virginia Department of Corrections
Plaintiff Description a death-sentenced prisoner of the State of Virginia
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 2006
Case Ongoing No
Docket(s)
1:05-cv-00934-CMH-TRJ (E.D. Va.) 10/30/2006
CJ-VA-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order 09/11/2006 (448 F.Supp.2d 719) (E.D. Va.)
CJ-VA-0002-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Hilton, Claude M. (E.D. Va., FISC)
CJ-VA-0002-0001 | CJ-VA-0002-9000
Jones, Thomas Rawles Jr. (E.D. Va.) [Magistrate]
CJ-VA-0002-9000
Monitors/Masters None on record
Plaintiff's Lawyers Anderson, Coale Parker (Virginia)
CJ-VA-0002-0001 | CJ-VA-0002-9000
Donovan, David P. (Virginia)
CJ-VA-0002-9000
Englund , Lara A. (District of Columbia)
CJ-VA-0002-0001 | CJ-VA-0002-9000
Defendant's Lawyers Vorhis, Richard Carson (Virginia)
CJ-VA-0002-0001 | CJ-VA-0002-9000
Other Lawyers Casway, Howard Martin (Virginia)
CJ-VA-0002-9000
Thro, William Eugene (Virginia)
CJ-VA-0002-9000
Wong, Daniel (Nevada)
CJ-VA-0002-9000

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