Nance v. Ward
Case Overview
The Supreme Court held 5-4 that a death row inmate may bring a challenge to a state's method of execution as a Section 1983 civil rights claim rather than a habeas petition, provided the inmate identifies an available alternative method that significantly reduces the risk of severe pain.
The Facts
Michael Nance, a Georgia death row inmate, challenged lethal injection as cruel and unusual punishment under the Eighth Amendment via a Section 1983 lawsuit, proposing nitrogen hypoxia as an available alternative. Georgia argued the claim was barred as a habeas matter requiring exhaustion and an earlier filing.
The Application
Nance satisfied the rule by identifying nitrogen hypoxia as a feasible, readily available alternative to lethal injection that would substantially reduce the risk of severe pain. This identification of a concrete alternative was dispositive: it rendered inapplicable Georgia's procedural objections based on habeas exhaustion and filing deadlines, and opened the Section 1983 pathway for Nance's challenge. The Court held that where an inmate identifies a viable alternative method satisfying Baze and Glossip's standard, Section 1983 becomes the proper vehicle for challenging the chosen execution method, rather than habeas with its procedural strictures.
The Conclusion
**Court ruled 5-4 for Nance.** Sotomayor wrote the majority. The Section 1983 path remains open for method-of-execution challenges; Thomas wrote a dissent joined by three justices.
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