Long v. Secretary, Department of Corrections

The Eleventh Circuit affirmed the district court's denial of plaintiff's emergency motion for a temporary restraining order, preliminary injunction, or stay of execution. Plaintiff was convicted of murder and sentenced to death 30 years ago.The court denied plaintiff's motion for a stay of execution, holding that the district court did not abuse its discretion in declining to stay plaintiff's execution on account of his three method of execution claims where he engaged in inexcusable delay in bringing the claims, which is enough to deny him the equitable remedy of a stay. Furthermore, the district court properly held that each of his claims were barred by the doctrine of res judicata. The court also held that the district court properly concluded that plaintiff's public records and witness claims were barred by res judicata. View "Long v. Secretary, Department of Corrections" on Justia Law