Where a Missouri prisoner under a death sentence challenged the constitutionality of the state’s method of execution as applied to him, the district court’s granting of the state’s motion to dismiss for failure to state a claim is affirmed based on the U.S. Supreme Court’s decision in Bucklew v. Precythe.
Judgment is affirmed.
Johnson v. Precythe (MLW No. 74789/Case No. 17-2222 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Western District of Missouri, Kays, J. (Ginger Anders, Washington, D.C., argued for appellant; William Brian Gaddy, Jeremy Sean Weis and Dane P. Shikman appeared on the brief) (Gregory Michael Goodwin, Jefferson City, argued for appellee).