University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Alderman v. Donald CJ-GA-0001
Docket / Court 1:07-CV-896 ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Criminal Justice (Other)
Case Summary
On April 20, 2007, attorneys representing a Georgia state prisoner awaiting imposition of his death sentence filed a civil complaint on his behalf in the U.S. District Court for the Northern District of Georgia. Plaintiff's counsel included attorneys from private firms in New York and Atlanta, as ... read more >
On April 20, 2007, attorneys representing a Georgia state prisoner awaiting imposition of his death sentence filed a civil complaint on his behalf in the U.S. District Court for the Northern District of Georgia. Plaintiff's counsel included attorneys from private firms in New York and Atlanta, as well as from the Georgia Resource Center, affiliated with the Georgia State University College of Law. Relying on 42 U.S.C. § 1983, the complaint alleged that the prisoner's Fifth, Eighth and Fourteenth Amendment rights would be violated by the method of execution used by the state. The complaint named, as defendants, two Georgia correctional officials, as well as listing fifty unknown executioners as "John Does." Plaintiff sought equitable and injunctive relief to restrain state officials from carrying out his execution until they had reasonably minimized the unnecessary risk of pain, suffering, and mutilation which allegedly resulted from the state's present execution method (utilizing injections of a barbiturate anesthetic, a neuromuscular blocking drug, and potassium chloride). Plaintiff's complaint stated that exhaustion of administrative remedies was not required for the type of prospective harm and relief involved in his case but, nonetheless, he had unsuccessfully made attempts through available prison grievance avenues to seek relief. He alleged that the execution process used by Georgia resulted in cruel and unusual punishment, in deliberate indifference to his health, safety, and serious medical needs, and was the product of arbitrary and capricious state conduct. Plaintiff also sought an award of attorney's fees and costs. Attached, as an exhibit, to the complaint was a copy of Georgia's written execution procedures.

The state defendants did not file an answer to the complaint but, instead, filed a motion to dismiss and supporting brief. The state contended that 42 U.S.C. § 1997(e), the Prison Litigation Reform Act ("PLRA"), required plaintiff to exhaust his administrative remedies, which he had not done. The state noted a recent federal case in Kentucky had required administrative remedy exhaustion in similar circumstances.

Over the next month, the parties exchanged pleadings and correspondence disputing whether the PLRA applied to plaintiff's circumstances and whether his efforts amounted to exhaustion of remedies. A June 15, 2007, response filed by the state included a copy of the state's newly-revised execution procedures, adopted on June 7, 2007.

No currently available information reflects additional action in this case. Many of the plaintiff's contentions, however, may have been undercut by the U.S. Supreme Court's April 16, 2008, decision in Baze v. Reeves, 128 S. Ct. 1520 (2008) (John G. Roberts, Jr., Chief Justice) (Kentucky's three-drug execution protocol did not constitute cruel and unusual punishment).

Mike Fagan - 06/03/2008


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Issues and Causes of Action
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Issues
Death Penalty
Lethal Injection - Chemicals Used
Lethal Injection - General
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Georgia Department of Corrections
Plaintiff Description Death-sentenced prisoner in Georgia who challenges the manner of his execution
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing No
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
(N.D. Ga.) 06/15/2007
CJ-GA-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint and Attachments 04/20/2007
CJ-GA-0001-0001.pdf | Detail
Defendant's Brief in Support of Pre-Answer Motion to Dismiss 05/21/2007
CJ-GA-0001-0002.pdf | Detail
Plaintiff's Response to Motion to Dismiss 05/31/2007
CJ-GA-0001-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Reply to Response to Motion to Dismiss 06/08/2007
CJ-GA-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Request for Oral Argument 06/08/2007
CJ-GA-0001-0005.pdf | Detail
Defendant's Response 06/13/2007
CJ-GA-0001-0006.pdf | Detail
[Discovery motion] 06/13/2007
CJ-GA-0001-0007.pdf | Detail
Defendant's Response 06/15/2007
CJ-GA-0001-0008.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Dunn, Thomas (Georgia)
CJ-GA-0001-0001 | CJ-GA-0001-0003 | CJ-GA-0001-0005 | CJ-GA-0001-9000
Edgecombe, Jason Richard (Georgia)
CJ-GA-0001-0001 | CJ-GA-0001-0003 | CJ-GA-0001-0005 | CJ-GA-0001-9000
Hoffmann , William E. Jr. (Georgia)
CJ-GA-0001-0001 | CJ-GA-0001-0003 | CJ-GA-0001-9000
Piazza , Therese (Georgia)
CJ-GA-0001-0005
Quinn , Elizabeth (New York)
CJ-GA-0001-0001 | CJ-GA-0001-9000
Ringer , James M. (New York)
CJ-GA-0001-0001 | CJ-GA-0001-0003 | CJ-GA-0001-0005 | CJ-GA-0001-9000
Siem , Michael A (New York)
CJ-GA-0001-0007 | CJ-GA-0001-9000
Defendant's Lawyers Drolit , Joseph (Georgia)
CJ-GA-0001-0002 | CJ-GA-0001-0003 | CJ-GA-0001-0006 | CJ-GA-0001-0008
Snelling, Eddie Jr. (Georgia)
CJ-GA-0001-0002 | CJ-GA-0001-0004 | CJ-GA-0001-0006 | CJ-GA-0001-0008 | CJ-GA-0001-9000
Other Lawyers None on record

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