Skip to main content
Eleventh Circuit· 1/30/2008

McNair v. Allen

Citations

  • 515 F.3d 1168
  • 2008 WL 227945

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • acknowledging that the changes in Alabama’s protocols were not “significant” and did not restart the statute-of-limitations clock
  • acknowledging that the changes in Alabama's protocols were not \significant\ and did not restart the statute-of-limitations clock
  • holding that a method-of-execution claim under § 1983 “accrues on the later of the date on which state review is complete, or the date on which the capital litigant becomes subject to a new or substantially changed execution protocol”
  • explaining that “a federal claim accrues when the prospective plaintiff knows or has reason to know of the injury which is the basis of the action” (quotations omitted)
  • stating that claims brought under 42 U.S.C. § 1983 are “subject to the statute of limitations governing personal injury actions in the state where the § 1983 action has been brought”
  • holding an Eighth Amendment method of execution claim accrues on the later of the date on which state review is complete, or the date on which the capital litigant becomes subject to a new or substantially changed execution protocol

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Black, Wilson

Read full opinion on CourtListener

Cited by

60 cases in this archive cite this case; the 20 most cited are listed.

Cites

31 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.