Case: White v. Johnson

4:05-cv-03648 | U.S. District Court for the Southern District of Texas

Filed Date: Oct. 24, 2005

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On October 24, 2005, Melvin Wayne White, a death-sentenced inmate in the Huntsville Prison in Livingston Texas filed a lawsuit under 42 U.S.C. § 1983 against the Texas Department of Corrections in the U.S. District Court for the Southern District of Texas. White complained to the Court that the defendants' lethal injection protocol was unconstitutional, arguing that the executed was not properly anesthetized, allowing him to feel the excrutiating pain caused by the potassium chloride injection…

On October 24, 2005, Melvin Wayne White, a death-sentenced inmate in the Huntsville Prison in Livingston Texas filed a lawsuit under 42 U.S.C. § 1983 against the Texas Department of Corrections in the U.S. District Court for the Southern District of Texas. White complained to the Court that the defendants' lethal injection protocol was unconstitutional, arguing that the executed was not properly anesthetized, allowing him to feel the excrutiating pain caused by the potassium chloride injection. He also argued that the use of the paralytic agent pancuronium bromide was arbitrary and unreasonable because it risked the infliction of torture, causing the executed to suffocate due to the inability to use his lungs. In addition, he argued that the defendants would need to use a painful cut-down procedure for placement of the IV's required for lethal injection due to the fact that his veins were damaged from illicit drug use. White asked the Court to enjoin the defendants from using their lethal injection protocol during his execution, and to stay his execution while this case was pending.

On the next day, the District Court (Judge Kenneth M. Hoyt) dismissed the complaint, reasoning that White had unreasonably delayed bringing the complaint, and that it was not distinguishable in any significant way from the facts in Harris v. Johnson (CJ-TX-3), a case in which the U.S. Court of Appeals for the Fifth Circuit had denied the complaint. White appealed, and on November 1, 2005, the Fifth Circuit (Judges Edith Hollan Jones, Fortunato Pedro Benavides, and Edith Brown Clement) issued a per curiam opinion affirming the District Court's decision, agreeing with the District Court that White had unreasonably delayed his complaint.

On November 3, Melvin Wayne White was executed by lethal injection.

Summary Authors

Kristen Sagar (9/17/2007)

People


Judge(s)

Benavides, Fortunato Pedro (Texas)

Clements, Gary (Louisiana)

Hoyt, Kenneth M. (Texas)

Jones, Edith Hollan (Texas)

Attorneys(s) for Plaintiff

Dow, David R (Texas)

Tyler, Jared Philip (Texas)

Attorneys(s) for Defendant

Bunn, Gena Blount (Texas)

Judge(s)

Benavides, Fortunato Pedro (Texas)

Clements, Gary (Louisiana)

Hoyt, Kenneth M. (Texas)

Jones, Edith Hollan (Texas)

Attorneys(s) for Plaintiff

Dow, David R (Texas)

Tyler, Jared Philip (Texas)

Attorneys(s) for Defendant

Bunn, Gena Blount (Texas)

Documents in the Clearinghouse

Document

4:05-cv-03648

Docket [PACER]

Nov. 9, 2005

Nov. 9, 2005

Docket
1

4:05-cv-03648

Plaintiff's Original Complaint

Oct. 24, 2005

Oct. 24, 2005

Complaint
2

4:05-cv-03648

Plaintiff's Memorandum of Law in Support of Complaint

Oct. 24, 2005

Oct. 24, 2005

Pleading / Motion / Brief
3

4:05-cv-03648

Memorandum and Order [Dismissing Complaint]

Oct. 25, 2005

Oct. 25, 2005

Order/Opinion
4

4:05-cv-03648

Final Judgment

Oct. 25, 2005

Oct. 25, 2005

Order/Opinion

4:05-cv-03648

05-70050

Per Curiam Opinion

U. S. Court of Appeals for the Fifth Circuit

429 F.3d 572

Nov. 1, 2005

Nov. 1, 2005

Order/Opinion

Resources

Docket

Last updated Aug. 11, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

Prisoner Civil Rights COMPLAINT against all defendants (IFP Granted) filed by Melvin Wayne White.(mmapps, ) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

2

MEMORANDUM of Law re: 1 Complaint by Melvin Wayne White, filed. (Attachments: # 1 # 2)(mmapps, ) (Entered: 10/24/2005)

Oct. 24, 2005

Oct. 24, 2005

3

MEMORANDUM AND ORDER .( Signed by Judge Kenneth M. Hoyt ) Parties notified.(bthomas, ) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

4

FINAL JUDGMENT .( Signed by Judge Kenneth M. Hoyt ) Parties notified.(bthomas, ) (Entered: 10/25/2005)

Oct. 25, 2005

Oct. 25, 2005

5

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Melvin Wayne White. (Filing fee $ 255), filed.(rroberts, ) (Entered: 10/26/2005)

Oct. 26, 2005

Oct. 26, 2005

6

Transmittal Letter to US Court of Appeals for the Fifth Circuit re: 5 Notice of Appeal. Fee status: not paid, filed.(mharrison, ) (Entered: 11/03/2005)

Nov. 1, 2005

Nov. 1, 2005

7

Certified copy of PER CURIAM from USCA for the Fifth Circuit re: 5 Notice of Appeal (USCA No. 05-70050), filed. AFFIRMED.(jdavenport, ) (Entered: 11/09/2005)

Nov. 9, 2005

Nov. 9, 2005

Case Details

State / Territory: Texas

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 24, 2005

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced prisoner of the State of Texas

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas Department of Corrections (Livingston), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General