Case: Hill v. McDonough

4:06-cv-00032 | U.S. District Court for the Northern District of Florida

Filed Date: Jan. 20, 2006

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On January 20, 2006, a prisoner of the State of Florida filed a lawsuit under 42 U.S.C. § 1983 against the Florida Department of Corrections in the U.S. District Court for the District of Northern Florida. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendment right to be free from cruel an…

On January 20, 2006, a prisoner of the State of Florida filed a lawsuit under 42 U.S.C. § 1983 against the Florida Department of Corrections in the U.S. District Court for the District of Northern Florida. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendment right to be free from cruel and unusual punishment.

On January 21, 2006, the U.S. District Court for the Northern District of Florida (Judge Stephan P. Mickle) dismissed the plaintiff's complaint for lack of jurisdiction, holding that since the plaintiff's motion raised no issues of newly-discovered evidence, it was the functional equivalent of a successive petition for writ of habeas corpus. The plaintiff appealed. On January 24, 2006, the U.S. Court of Appeals for the Eleventh Circuit denied the plaintiff's application for a stay of execution and expedited appeal. The plaintiff asked for review by the U.S. Supreme Court.

On June 12, 2006, the U.S. Supreme Court issued a slip opinion in which it reversed and remanded the case back to the Eleventh Circuit, holding that the plaintiff's claim could be brought under 42 U.S.C. § 1983, and did not have to be brought as a habeas claim since he was only challenging the method of injection instead of challenging lethal injection as a general matter. On August 29, the Eleventh Circuit remanded the case back to the District Court. Hill v. McDonough, 462 F.3d 1313 (11th Cir. 2006). The defendants filed a motion to dismiss the case, and on September 1, 2006, the District Court (Judge Mickle) granted the defendants' motion to dismiss, holding that the plaintiff was bringing the case only to unnecessarily delay the execution.

The plaintiff filed a motion for consideration, which the District Court (Judge Mickle) denied on September 11, 2006, holding that the plaintiff was merely trying to delay final judgment. The plaintiff asked the Eleventh Circuit to issue a stay of execution order, and on September 15, 2006, the court declined to issue the order in a per curiam opinion. The plaintiff asked for review by the Supreme Court, and on September 20, 2006, the U.S. Supreme Court declined to grant certiorari in the case. Hill v. McDonough, No. 06-0301, 165 L.Ed. 1013 (2006).

After serving more than 23 years on Florida's Death Row, Clarence Edward Hill was executed on September 20, 2006 by lethal injection.

Summary Authors

Kristen Sagar (8/28/2007)

Related Cases

Alley v. Little, Middle District of Tennessee (2006)

Jackson v. Taylor, District of Delaware (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4677974/parties/hill-v-crosby/


Judge(s)

Edmondson, James Larry (Georgia)

Hull, Frank M. (Georgia)

Kennedy, Anthony McLeod (District of Columbia)

Mickle, Stephan P. (Florida)

Pryor, William Holcombe Jr. (Alabama)

Thomas, Clarence (District of Columbia)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Abatecola , John (Florida)

Berger , Eric (District of Columbia)

Doss, D Todd (Florida)

Judge(s)

Edmondson, James Larry (Georgia)

Hull, Frank M. (Georgia)

Kennedy, Anthony McLeod (District of Columbia)

Mickle, Stephan P. (Florida)

Pryor, William Holcombe Jr. (Alabama)

Thomas, Clarence (District of Columbia)

Tjoflat, Gerald Bard (Florida)

Attorneys(s) for Plaintiff

Abatecola , John (Florida)

Berger , Eric (District of Columbia)

Doss, D Todd (Florida)

Gershengorn, Ian Heath (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

Attorneys(s) for Defendant

Snurkowski , Carolyn (Florida)

Other Attorney(s)

Ard, Hannah S. (District of Columbia)

Biswas, Raakhee (District of Columbia)

Columbus , Eric R. (District of Columbia)

Crossley , Will L. (District of Columbia)

De La Vega, Constance (California)

Englund , Lara A. (District of Columbia)

Enzinna, Paul F. (District of Columbia)

Erickson , Robert J. (District of Columbia)

Gibbons, John T. (New Jersey)

Goldstein, Thomas (District of Columbia)

Howe, Amy (District of Columbia)

Karlan, Pamela S. (New York)

Laurence , Michael David (California)

Lewis , Megan E. (New Jersey)

Loper, Timothy (District of Columbia)

Lustberg, Lawrence S. (New Jersey)

Nathan, Alison J. (District of Columbia)

Newsom, Kevin Christopher (Alabama)

Ogden, David W. (District of Columbia)

Press , Charles J. (California)

Pulliam , Jessica (Texas)

Russell, Kevin K. (District of Columbia)

Sacks, Ira (New York)

Sacks , Melanie J. (New York)

Scheidegger, Kent S. (California)

Weissbrodt, David (Minnesota)

Documents in the Clearinghouse

Document

4:06-cv-00032

Docket (PACER)

Hill v. Crosby

Feb. 2, 2007

Feb. 2, 2007

Docket
7

4:06-cv-00032

Order Dismissing Motion for Declaratory and Injunctive Relief

Hill v. Crosby

Jan. 21, 2006

Jan. 21, 2006

Order/Opinion

05-08794

Supreme Court Certiorari Petition

Hill v. Florida

Supreme Court of the United States

Jan. 24, 2006

Jan. 24, 2006

Pleading / Motion / Brief

05-08794

Brief in Opposition to Cert

Hill v. Florida

Supreme Court of the United States

Jan. 24, 2006

Jan. 24, 2006

Pleading / Motion / Brief

05-08794

Veterinary Amicus Brief Supporting Petitioner

Supreme Court of the United States

March 3, 2006

March 3, 2006

Other

05-08794

Brief for Amicus Curiae Darick Demorris Walker (Virginia Inmate) Supporting Petitioner

Supreme Court of the United States

March 6, 2006

March 6, 2006

Pleading / Motion / Brief

05-08794

Brief for Amicus Curiae New Jerseyans for Alternatives to the Death Penalty in Support of Petitioner

Supreme Court of the United States

March 6, 2006

March 6, 2006

Pleading / Motion / Brief

05-08794

Brief for Petitioner

Hill v. Florida

Supreme Court of the United States

March 6, 2006

March 6, 2006

Pleading / Motion / Brief

05-08794

Physicians Amicus Brief Supporting Petitioner

Supreme Court of the United States

March 6, 2006

March 6, 2006

Pleading / Motion / Brief

05-08794

Habeas Corpus Resource Center Amicus Brief Supporting Petitioner

Supreme Court of the United States

March 6, 2006

March 6, 2006

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4677974/hill-v-crosby/

Last updated Aug. 24, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
7

ORDER Dismissing re 2 Complaint/Motion for Declaratory and Injunctive Relief filed by CLARENCE E HILL, for lack of jurisdiction. No stay of execution will issue in this case. Signed by Judge STEPHAN P MICKLE on 01/21/2006. (pao, Gainesville)

Jan. 21, 2006

Jan. 21, 2006

RECAP
2

COMPLAINT (re DEATH WARRANT) against JAMES V CROSBY, JR, CHARLIE CRIST , filed by CLARENCE E HILL. (No filing fee paid, no IFP motion filed.) (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Appendix A)(cda, Gainesville) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

3

CIVIL COVER SHEET. (cda, Gainesville) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

39

ORDER re 34 Response filed by JAMES V CROSBY, JR, 37 Amended Complaint filed by CLARENCE E HILL, Motion to Dismiss Granted, Amended Complaint Dismissed. No stay of execution will issue in this case. Signed by Judge STEPHAN P MICKLE on 09/01/2006. (pao, Gainesville)

Sept. 1, 2006

Sept. 1, 2006

RECAP
4

DOCKET ANNOTATION BY COURT: Case forwarded to Florida Supreme Court via UPS on 1/5/2006. Box #1 tracking # 1ZXX60800398946561, box #2 tracking #1ZXX60800399192570, box #31ZXX60800397735380. Miscellaneous Deadline - Clerk to monitor case for return of record to archive once closed by 3/6/2006. (cda, Gainesville) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

5

DOCKET ANNOTATION BY COURT: United States Court of Appeals, Eleventh Circuit notified of filing of complaint. Contact person at USCA Joyce Pope, to be notified of any and all orders or stays entered by this court immediately. (cda, Gainesville) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

Set Deadlines: Miscellaneous Deadline - Clerk to monitor status of case by 1/23/2006. (cda, Gainesville) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notified that action is needed Re: 2 Complaint (re 1 Death Warrant). (cda, Gainesville) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

6

RESPONSE TO REQUEST FOR PERMANENT INJUNCTION AND MOTION TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACTION ANSWER to Complaint by JAMES V CROSBY, JR. (SNURKOWSKI, CAROLYN) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

9

NOTICE of Appeal of Order Dismissing Complaint for Declaratory and Injunctive Relief by CLARENCE E HILL (DOSS, D) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

10

MOTION to Appoint Counsel by CLARENCE E HILL. (DOSS, D) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

11

MOTION for Leave to Appeal in forma pauperis by CLARENCE E HILL. (DOSS, D) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

12

MOTION for Leave to Proceed in forma pauperis by CLARENCE E HILL. (DOSS, D) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P. Mickle notified that action is needed Re: 10 MOTION to Appoint Counsel, 11 MOTION for Leave to Appeal in forma pauperis, 12 MOTION for Leave to Proceed in forma pauperis, 13 Financial Affidavit (cda, Gainesville) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

14

NOTICE OF APPEAL as to 7 Order by CLARENCE E HILL. (Clerk reposted to reflect correct event. Please see 9 NOTICE of Appeal of Order Dismissing Complaint for Declaratory and Injunctive Relief for PDF.) Certificate of Readiness due by 2/6/2006.(cda, Gainesville) Additional attachment(s) added on 1/24/2006 (cda, Gainesville). (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

15

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 14 Notice of Appeal. (cda, Gainesville) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

16

ORDER denying 9 Certificate of Appealability, denying as moot 10 Motion to Appoint Counsel, and denying 11 Motion for Leave to Appeal in forma pauperis; signed by Judge STEPHAN P MICKLE. (tss, Gainesville) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

17

USDC LETTER Transmitting 16 ORDER denying 9 Certificate of Appealability, denying as moot 10 Motion to Appoint Counsel, and denying 11 Motion for Leave to Appeal in forma pauperis(cda, Gainesville) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

18

ORDER of USCA as to 14 Notice of Appeal, filed by CLARENCE E HILL. Petitioner's motion for appointment of counsel pursuant to the Criminal Justice Act is GRANTED. (cda, Gainesville) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

19

USCA ORDER IN LIEU OF MANDATE as to 14 Notice of Appeal, filed by CLARENCE E HILL. Appellant's application for stay of execution pending appeal is DENIED. (cda, Gainesville) (Entered: 01/27/2006)

Jan. 27, 2006

Jan. 27, 2006

20

USCA Case Number 06-10621-P for 14 NOTICE OF APPEAL as to 7 Order by CLARENCE E HILL. (cda, Gainesville) (Entered: 02/03/2006)

Feb. 2, 2006

Feb. 2, 2006

21

ACKNOWLEDGEMENT re 17 USDC LETTER Transmitting 16 ORDER denying 9 Certificate of Appealability, denying as moot 10 Motion to Appoint Counsel, and denying 11 Motion for Leave to Appeal in forma pauperis. Received by USCA on 1/26/2006. USCA #06-10621- P. (cda, Gainesville) (Entered: 02/03/2006)

Feb. 2, 2006

Feb. 2, 2006

22

USCA ORDER #06-10621-P granting appellant's motion for leave to proceed on appeal in forma pauperis. (atm, Gainesville) (Entered: 02/17/2006)

Feb. 14, 2006

Feb. 14, 2006

23

USCA #06-10621-P REQUEST for record on appeal. (atm, Gainesville) (Entered: 03/20/2006)

March 17, 2006

March 17, 2006

25

ORIGINAL PAPERS returned from Florida Supreme Court re 14 Notice of Appeal, Number of Boxes: 3; (atm, Gainesville) (Entered: 03/31/2006)

March 28, 2006

March 28, 2006

26

ORIGINAL PAPERS to US Supreme Court re 14 Notice of Appeal, Number of Boxes: 3; USCA # 06-10621-P (atm, Gainesville) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

27

NOTICE by US Supreme Court returning original record and any exhibits (3 boxes) re 26 Original Papers to US Supreme Court re 14 Notice of Appeal, Number of Boxes: 3; USCA # 06-10621-P (llt, Gainesville) (Entered: 08/22/2006)

Aug. 21, 2006

Aug. 21, 2006

28

MANDATE of USCA as to 14 Notice of Appeal, filed by CLARENCE E HILL, USCA #06-10621-P, remanding this case to the district court for further proceedings. (llt, Gainesville) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Mickle notified that action is needed Re: 28 USCA Mandate as to 14 Notice of Appeal, filed by CLARENCE E HILL, USCA #06-10621-P, remanding this case to the district court for further proceedings. (llt, Gainesville) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

29

USCA ORDER denying as moot appellant's motion for immediate remand of this cause to the district court, USCA #06-10621-P (llt, Gainesville) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

30

USCA Letter to William McCool, Clerk of Court with copy of court's decision in the appeal #06-10621P on remand from the US Supreme Court (as posted 28 USCA Mandate) (llt, Gainesville) (Entered: 08/31/2006)

Aug. 31, 2006

Aug. 31, 2006

31

MOTION to Expedite Discovery by CLARENCE E HILL. (DOSS, D) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

32

First Request for Admissions by CLARENCE E HILL. (DOSS, D) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

33

First Request for Production of Documents by CLARENCE E HILL. (DOSS, D) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

34

RESPONSE to Motion for Stay or Injunction and Motion to Dismiss by JAMES V CROSBY, JR. (SNURKOWSKI, CAROLYN) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

35

First Set of Interrogatories by CLARENCE E HILL. (DOSS, D) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

36

First MOTION to Amend/Correct 2 Complaint by CLARENCE E HILL. (DOSS, D) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

37

First AMENDED COMPLAINT against all defendants all defendants., filed by CLARENCE E HILL.(DOSS, D) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

38

DISCOVERY ADVISORY: Re 35 Request/Demand filed by CLARENCE E HILL,, 32 Request/Demand filed by CLARENCE E HILL,, 33 Request/Demand filed by CLARENCE E HILL, Counsels attention is directed to Federal Rule of Civil Procedure 5(d), which prohibits the filing of discovery materials (including notices of deposition, deposition transcripts, interrogatories and interrogatory responses and notices thereof, production requests and responses and notices thereof, and admissions requests and responses and notices thereof) and disclosures under Rules 26(a)(1) and 26(a)(2), unless and until needed for consideration of pending motions by the court. This advisory serves as notice that no further discovery materials should be filed and all discovery posting options have been removed from CMECF. (deb, Gainesville) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Stephan P Mickle notified that action is needed Re: 34 Response, 36 First MOTION to Amend/Correct 2 Complaint, 31 MOTION to Expedite Discovery (deb, Gainesville) (Entered: 09/01/2006)

Sept. 1, 2006

Sept. 1, 2006

41

MOTION for Reconsideration re 39 Order, Dismissing Complaint by CLARENCE E HILL. (Attachments: # 1 Appendix)(DOSS, D) Modified on 9/7/2006 (llt, Gainesville). (Entered: 09/05/2006)

Sept. 5, 2006

Sept. 5, 2006

43

CORRECTED MOTION for Reconsideration re 39 Order, Dismissing Complaint by CLARENCE E HILL. (Attachments: # 1)(DOSS, D) (Correcting 41 Motion for Reconsideration re: 39 Order) Modified on 9/6/2006 to clarify text(llt, Gainesville). (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

44

MOTION to Accept "Plaintiff's Motion for Temporary Injunction to Stay His Execution Scheduled for September 20, 2006 at 6:00 p.m." as Timely Filed by CLARENCE E HILL. (Attachments: # 1 Attachment)(DOSS, D) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

45

DOCKET ANNOTATION BY COURT: Re 41 MOTION for Reconsideration re 39 Order, Dismissing Complaint filed by CLARENCE E HILL, and re: 43 CORRECTED MOTION for Reconsideration re 39 Order, Dismissing Complaint filed by CLARENCE E HILL; Doc 41 was refiled per request by Chambers as it was unsigned; Also, 44 MOTION to Accept "Plaintiff's Motion for Temporary Injunction to Stay His Execution Scheduled for September 20, 2006 at 6:00 p.m." as Timely Filed filed by CLARENCE E HILL, was improperly attached to Doc 41 and is now posted separately per request by Chambers, (llt, Gainesville) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Mickle notified that action is needed Re: 44 MOTION to Accept "Plaintiff's Motion for Temporary Injunction to Stay His Execution Scheduled for September 20, 2006 at 6:00 p.m." as Timely Filed, and 43 Corrected MOTION for Reconsideration re 39 Order, Dismissing Complaint (llt, Gainesville) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

46

RESPONSE in Opposition re 44 MOTION to Accept "Plaintiff's Motion for Temporary Injunction to Stay His Execution Scheduled for September 20, 2006 at 6:00 p.m." as Timely Filed, 43 MOTION for Reconsideration re 39 Order, Dismissing Complaint filed by JAMES V CROSBY, JR. (SNURKOWSKI, CAROLYN) (Entered: 09/06/2006)

Sept. 6, 2006

Sept. 6, 2006

ACTION REQUIRED BY CHAMBERS: Chambers of Judge Mickle notified that action is needed Re: 44 MOTION to Accept "Plaintiff's Motion for Temporary Injunction to Stay His Execution Scheduled for September 20, 2006 at 6:00 p.m." as Timely Filed, 43 MOTION for Reconsideration re 39 Order, Dismissing Complaint , and 46 Response in Opposition to 43 and 44 Motions, (llt, Gainesville) (Entered: 09/07/2006)

Sept. 7, 2006

Sept. 7, 2006

48

NOTICE OF APPEAL as to 47 Order on Motion for Reconsideration, Order on Motion for Miscellaneous Relief, 39 Order, by CLARENCE E HILL. ( (DOSS, D) (Entered: 09/13/2006)

Sept. 13, 2006

Sept. 13, 2006

49

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 48 Notice of Appeal (llt, Gainesville) Corrected image attached on 9/14/2006 to correct posting erro(llt, Gainesville). (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

50

DOCKET ANNOTATION BY COURT: Re 49 Transmission of Notice of Appeal and Docket Sheet to USCA. Clerk has corrected a posting error, attaching the correct pdf of document 49 (llt, Gainesville) (Entered: 09/14/2006)

Sept. 14, 2006

Sept. 14, 2006

51

USCA Acknowledgement re: 49 Transmission of Notice of Appeal and Docket Sheet to USCA; USCA Appeal # 06-14927P (llt) (Entered: 11/20/2006)

Nov. 16, 2006

Nov. 16, 2006

52

Appeal Record Returned: 1 volume pleadings, USCA#06-10621-P (llt) (Entered: 02/05/2007)

Feb. 2, 2007

Feb. 2, 2007

47

ORDER denying 43 Motion for Reconsideration filed by CLARENCE E HILL and denying 44 Motion to Stay; signed by Judge STEPHAN P MICKLE. (tss, Gainesville)

Sept. 11, 2006

Sept. 11, 2006

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Jan. 20, 2006

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced prisoner of the State of Florida

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General