Nance v. Ward, 597 U.S. ___ (2022)
A prisoner who challenges a state’s proposed method of execution under the Eighth Amendment must identify a readily available alternative method that would significantly reduce the risk of severe pain. Nance brought suit under 42 U.S.C. 1983 to enjoin Georgia from executing him by lethal injection, the only method of execution that Georgia now authorizes. Nance proposes death by firing squad—a method currently approved by four other states. The Eleventh Circuit held that Nance could advance his method-of-execution claim only by a habeas petition.
The Supreme Court reversed. Section 1983 remains an appropriate vehicle for a prisoner’s method-of-execution claim where the prisoner proposes an alternative method not authorized by the state’s death-penalty statute. Both section 1983 and the federal habeas statute enable a prisoner to complain of “unconstitutional treatment at the hands of state officials.” When a prisoner seeks relief that would “necessarily imply the invalidity of his conviction or sentence,” he must proceed in habeas. Here, Georgia would have to change its statute to carry out Nance’s execution by firing squad, so an order granting relief would not “necessarily prevent” the state from implementing the execution. The state has a pathway forward even if the proposed alternative is unauthorized by present state law. Section 1983 can compel changes to state laws when necessary to vindicate federal constitutional rights. It would be strange to read state-by-state discrepancies into how section 1983 and the habeas statute apply to federal constitutional claims.
Section 1983 is an appropriate vehicle for a prisoner’s method-of-execution claim where the prisoner proposes an alternative method not authorized by the state’s death-penalty statute
SUPREME COURT OF THE UNITED STATES
Syllabus
Nance v. Ward, Commissioner, Georgia Department of Corrections, et al.
certiorari to the united states court of appeals for the eleventh circuit
No. 21–439. Argued April 25, 2022—Decided June 23, 2022
A prisoner who challenges a State’s proposed method of execution under the Eighth Amendment must identify a readily available alternative method that would significantly reduce the risk of severe pain. If the prisoner proposes a method already authorized under state law, the Court has held that his claim can go forward under 42 U. S. C. §1983, rather than in habeas. See Nelson v. Campbell, 541 U.S. 637, 644–647. But the prisoner is not confined to proposing a method already authorized under state law; he may ask for a method used in other States. See Bucklew v. Precythe, 587 U. S. ___, ___. The question presented is whether a prisoner who does so may still proceed under §1983.
Petitioner Michael Nance brought suit under §1983 to enjoin Georgia from using lethal injection to carry out his execution. Lethal injection is the only method of execution that Georgia law now authorizes. Nance alleges that applying that method to him would create a substantial risk of severe pain. As an alternative to lethal injection, Nance proposes death by firing squad—a method currently approved by four other States. The District Court dismissed Nance’s §1983 suit as untimely. The Eleventh Circuit rejected it for a different reason: that Nance should have advanced his method-of-execution claim by way of a habeas petition rather than a §1983 suit. A habeas petition, that court stated, is appropriate when a prisoner seeks to invalidate his death sentence. And the Eleventh Circuit thought that was what Nance was doing. It asserted that Georgia law—which again, only authorizes execution by lethal injection—had to be taken as “fixed.” 981 F.3d 1201, 1211. Under that “fixed” law, the court said, enjoining Georgia from executing Nance by lethal injection would mean that he could not be executed at all. The court therefore “reconstrued” Nance’s §1983 complaint as a habeas petition. Id., at 1203. Having done so, the court then dismissed Nance’s petition as “second or successive,” because he had previously sought federal habeas relief. 28 U. S. C. §2244(b).
Held: Section 1983 remains an appropriate vehicle for a prisoner’s method-of-execution claim where, as here, the prisoner proposes an alternative method not authorized by the State’s death-penalty statute.
Both §1983 and the federal habeas statute enable a prisoner to complain of “unconstitutional treatment at the hands of state officials.” Heck v. Humphrey, 512 U.S. 477, 480. A prisoner may generally sue under §1983, unless his claim falls into that statute’s “implicit exception” for actions that lie “within the core of habeas corpus.” Wilkinson v. Dotson, 544 U.S. 74, 79. When a prisoner seeks relief that would “necessarily imply the invalidity of his conviction or sentence,” he comes within the core and must proceed in habeas. Heck, 512 U. S., at 487.
The Court has twice held that prisoners could bring method-of- execution claims under §1983. See Nelson, 541 U. S., at 644–647; Hill v. McDonough, 547 U.S. 573, 580–583. Although these cases predated the Court’s requirement that prisoners identify alternative methods of execution, each prisoner had still said enough to leave the Court convinced that alternatives to the challenged procedures were available. See Nelson, 541 U. S., at 646; Hill, 547 U. S., at 580–581. Because alternatives were available, the prisoners’ challenges would not “necessarily prevent [the State] from carrying out [their] execution[s].” Nelson, 541 U. S., at 647 (emphasis in original); see Hill, 547 U. S., at 583. That made §1983 a proper vehicle.
In Nelson and Hill, the Court observed that using a different method required only a change in an agency’s uncodified protocol. Here, Georgia would have to change its statute to carry out Nance’s execution by firing squad. Except for that fact, this case would even more clearly than Nelson and Hill be fit for §1983. Since those cases, the Court has required a prisoner bringing a method-of-execution claim to propose an alternative way of carrying out his death sentence. Thus, an order granting the prisoner relief does not, as required for habeas, “necessarily prevent” the State from implementing the execution. Nelson, 541 U. S., at 647 (emphasis in original). Rather, the order gives the State a pathway forward.
That remains true even where, as here, the proposed alternative is one unauthorized by present state law. Nance’s requested relief still places his execution in Georgia’s control. If Georgia wants to carry out the death sentence, it can enact legislation approving what a court has found to be a fairly easy-to-employ method of execution. Although that may take more time and effort than changing an agency protocol, Hill explained that the “incidental delay” involved in changing a procedure is irrelevant to the vehicle question—which focuses on whether the requested relief would “necessarily” invalidate the death sentence. 547 U. S., at 583. And anyway, Georgia has given no reason to think that passing new legislation would be a substantial impediment.
The Court of Appeals could reach the contrary conclusion only by wrongly treating Georgia’s statute as immutable. In its view, granting Nance relief would necessarily imply the invalidity of his death sentence because Georgia law must be taken as “fixed.” 981 F. 3d, at 1211. But one of the “main aims” of §1983 is to “override”—and thus compel change of—state laws when necessary to vindicate federal constitutional rights. Monroe v. Pape, 365 U.S. 167, 173. Indeed, courts not uncommonly entertain prisoner suits under §1983 that may, if successful, require changing state law.
Under the contrary approach, the federal vehicle for bringing a federal method-of-execution claim would depend on the vagaries of state law. Consider how Nance’s claim would fare in different States. In Georgia (and any other State with lethal injection as the sole authorized method), he would have to bring his claim in a habeas petition. But in States authorizing other methods when a court holds injection unlawful, he could file a §1983 suit. It would be strange to read state-by-state discrepancies into the Court’s understanding of how §1983 and the habeas statute apply to federal constitutional claims. That is especially so because the use of the vehicles can lead to different outcomes: An inmate in one State could end up getting his requested relief, while an inmate in another might have his case thrown out.
The approach of the Court of Appeals raises one last problem: It threatens to undo the commitment this Court made in Bucklew. The Court there told prisoners they could identify an alternative method not “presently authorized” by the executing State’s law. 587 U. S., at ___. But under the approach of the Court of Appeals, a prisoner who presents an out-of-state alternative is relegated to habeas—and once there, he will almost inevitably collide with the second-or-successive bar. That result, precluding claims like Nance’s, would turn Bucklew into a sham.
Finally, recognizing that §1983 is a good vehicle for a claim like Nance’s does not countenance “last-minute” claims to forestall an execution. Id., at ___. Courts must consider delay in deciding whether to grant a stay of execution, and outside the stay context, courts have tools to streamline §1983 actions and protect a sentence’s timely enforcement. Pp. 5–13.
981 F.3d 1201, reversed and remanded.
Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined.
JUDGMENT ISSUED |
Judgment REVERSED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Sotomayor, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Thomas, Alito, and Gorsuch, JJ., joined. |
Argued. For petitioner: Matthew S. Hellman, Washington, D. C.; and Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Stephen J. Petrany, Solicitor General, Atlanta, Ga. |
Reply of petitioner Michael Nance filed. (Distributed) |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
Amicus brief of States of Texas, Alabama, Arkansas, Arizona, Florida, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Nebraska, Oklahoma, South Dakota and Utah submitted. |
Brief amici curiae of Texas, et al. filed. (Distributed) |
Brief amici curiae of Jonathan F. Mitchell and Adam K. Mortara filed. (Distributed) |
Amicus brief of Jonathan F. Mitchell and Adam K. Mortara submitted. |
Brief of respondents Ward, Commissioner, Georgia Department of Corrections, et al. filed. (Distributed) |
Brief of Comm'r, Georgia Department of Corrections, et al. submitted. |
Brief of respondents Comm'r, Georgia Department of Corrections, et al. filed. (Distributed) |
CIRCULATED |
The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer. |
The record received from the U.S.D.C. Northern District of Georgia (Atlanta) has been electronically filed. |
Record requested from the U.S.C.A. 11th Circuit. |
ARGUMENT SET FOR Monday, April 25, 2022. |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
Amicus brief of Legal Scholars and Academics submitted. |
Amicus brief of American Civil Liberties Union, et al. submitted. |
Amicus brief of United States submitted. |
Brief amici curiae of American Civil Liberties Union, et al. filed. |
Brief amici curiae of Legal Scholars filed. |
Brief amicus curiae of United States filed. |
Brief amici curiae of Legal Scholars and Academics filed. |
Brief of Michael Nance submitted. |
Brief of petitioner Michael Nance filed. |
Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
Motion to dispense with printing the joint appendix filed by petitioner Michael Nance. |
Motion of Michael Nance to dispense with joint appendix submitted. |
Motion for leave to file amici brief filed by Legal Scholars and Academics GRANTED. |
Petition GRANTED. |
DISTRIBUTED for Conference of 1/14/2022. |
DISTRIBUTED for Conference of 1/7/2022. |
Reply of petitioner Michael Nance filed. (Distributed) |
Brief of respondents Comm'r, Georgia Department of Corrections, et al. in opposition filed. |
Motion of Legal Scholars and Academics for leave to file amicus brief not accepted for filing. (October 25, 2021) |
Motion for leave to file amici brief filed by Legal Scholars and Academics. |
Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021. |
Motion to extend the time to file a response from October 22, 2021 to November 22, 2021, submitted to The Clerk. |
Petition for a writ of certiorari filed. (Response due October 22, 2021) |