Where an inmate sentenced to death challenged the constitutionality of the state’s method of execution as applied to him, the complaint included a plausible allegation that the execution would cause him to suffer a violent seizure and severe pain due to the inmate’s brain defect, so the judgment is reversed and remanded.
Judgment is reversed and remanded.
Johnson v. Precythe (MLW No. 72047/Case No. 17-2222 – 11 pages) (U.S. Court of Appeal, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Western District of Missouri, Kays, J. (Jeremy Sean Weis, Kansas City, Missouri, argued for appellant; William Brian Gaddy appeared on the brief) (Gregory Michael Goodwin, Jefferson City, argued for appellee).