No. 22-6054

Stephen Barbee v. Bryan Collier, et al.

Lower Court: Fifth Circuit
Docketed: 2022-11-15
Status: Denied
Type: IFP
IFP
Tags: capital-punishment execution-chamber fifth-circuit first-amendment free-exercise prison-litigation-reform-act prison-policy religious-rights rluipa spiritual-advisor
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the Fifth Circuit erred in vacating as an abuse of discretion the injunction requiring TDCJ to publish a clear policy where the district court found that, despite this Court's guidance in Ramirez, TDCJ "has not responded by enacting any formal policy guaranteeing religious expression in the execution chamber." (App.014).

2. Whether the Fifth Circuit erred in vacating the injunction granted below on the ground that "it is improper under the PLRA [Prison Litigation Reform Act]...to go beyond relief for Barbee himself (App.006) although the district court had determined the injunction's scope was necessary to give Barbee the relief to which he was entitled?

Question Presented (AI Summary)

Whether the Fifth Circuit erred in vacating the injunction requiring TDCJ to publish a clear policy on religious expression in the execution chamber

Docket Entries

2022-11-16
Application (22A424) referred to the Court.
2022-11-16
Petition DENIED.
2022-11-16
Application (22A424) for stay of execution of sentence of death presented to Justice Alito and by him referred to the Court is denied. The petition for a writ of certiorari is denied.
2022-11-16
Reply of petitioner Stephen Barbee filed.
2022-11-15
Response to application from respondent Bryan Collier, et al. filed.
2022-11-15
Brief of respondent Bryan Collier, et al. in opposition filed.
2022-11-14
Application (22A424) for stay of execution of sentence of death, submitted to Justice Alito.
2022-11-14

Attorneys

Bryan Collier, et al.
Stephen Matthew HoffmanOffice of the Attorney General, Respondent
Stephen Barbee
Allen Richard EllisLaw Office of A. Richard Ellis, Petitioner