No. 19-235

Richard Jordan, et al. v. Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2019-08-22
Status: Denied
Type: Paid
Tags: burden-of-proof civil-rights corrections-department death-penalty discovery discovery-rights due-process eighth-amendment glossip-standard glossip-v-gross lethal-injection method-of-execution section-1983 standing
Latest Conference: 2019-12-13
Question Presented (from Petition)

1. Whether the burden of proof demanded by Glossip in method-of-execution challenges requires commensurately broad discovery rights to provide plaintiffs an adequate opportunity to meet Glossip's requirements.

2. Whether condemned prisoners bringing method-of-execution challenges under Glossip must be allowed a reasonable opportunity to secure discovery from corrections departments outside their state to meet the requirement to prove a "known, available alternative" to the method they challenge.

Question Presented (AI Summary)

Whether the burden of proof demanded by Glossip in method-of-execution challenges requires commensurately broad discovery rights to provide plaintiffs an adequate opportunity to meet Glossip's requirements

Docket Entries

2019-12-16
Petition DENIED.
2019-12-10
Reply of petitioners Richard Jordan, et al. filed. (Distributed)
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-11-07
Brief of respondent Virginia Department of Corrections in opposition filed.
2019-10-17
Motion to extend the time to file a response is granted and the time is further extended to and including November 7, 2019.
2019-10-09
Motion to extend the time to file a response from October 23, 2019 to November 7, 2019, submitted to The Clerk.
2019-09-06
Motion to extend the time to file a response is granted and the time is extended to and including October 23, 2019.
2019-09-03
Motion to extend the time to file a response from September 23, 2019 to October 23, 2019, submitted to The Clerk.
2019-08-19
Petition for a writ of certiorari filed. (Response due September 23, 2019)

Attorneys

Richard Jordan, et al.
James William CraigRoderick & Solange MacArthur Justice Center, Petitioner
Virginia Department of Corrections
Toby Jay HeytensOffice of the Attorney General, Respondent