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HILL v. McDONOUGH, INTERIM
SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, et al.
certiorari to the united states court of appeals for
the eleventh circuit
No. 05-8794. Argued April 26, 2006--Decided June 12,
2006
Facing execution in Florida, petitioner Hill brought this federal
action under 42 U. S. C. §1983 to enjoin the three-drug lethal injection
procedure the State likely would use on him. He alleged the procedure
could cause him severe pain and thereby violate the Eighth Amendment's
prohibition of cruel and unusual punishments. The District Court found
that under controlling Eleventh Circuit precedent the §1983 claim was
the functional equivalent of a habeas petition. Because Hill had sought
federal habeas relief earlier, the court deemed his petition successive
and barred under 28 U. S. C. §2244. The Eleventh Circuit agreed and
affirmed.
Held: Because Hill's claim is comparable in its essentials
to the §1983 action the Court allowed to proceed in Nelson v.
Campbell,
541 U. S. 637, it does not have to be brought in habeas, but may
proceed under §1983. Pp. 4-10.
(a) Nelson controls here. Although an inmate's
challenge to the lawfulness of a sentence or confinement is the province
of habeas corpus, e.g., Muhammad v. Close,
540 U. S. 749, 750, the Nelson Court declined to deem the
instant §1983 Eighth Amendment "challenge seeking to permanently enjoin
the use of lethal injection ... a challenge to the fact of the sentence
itself,"
541 U. S., at 644. Nelson's veins were severely compromised, and
Alabama planned to apply an invasive surgical procedure to enable the
injection. However, that procedure was not mandated by state law, and
Nelson appeared willing to concede the existence of an acceptable
alternative procedure. Absent a finding that the procedure was necessary
to the lethal injection, the Court concluded, injunctive relief would
not prevent the State from implementing the sentence. Id., at
645-646. Here, as in Nelson, Hill's action if successful would
not necessarily prevent the State from executing him by lethal
injection. He does not challenge his sentence as a general matter but
seeks only to enjoin respondents from executing him in a manner that
allegedly causes a foreseeable risk of gratuitous and unnecessary pain.
He concedes that other lethal injection methods the State could choose
would be constitutional, and respondents do not contend, at least at
this point, that an injunction would leave no other practicable, legal
method of lethally injecting Hill. Florida law, moreover, does not
require the use of the challenged procedure. Under these circumstances a
grant of injunctive relief could not be seen as barring the execution of
Hill's sentence. The fact that Hill challenges the chemical injection
sequence rather than a preliminary surgical procedure does not change
the analysis. In Nelson, the Court reasoned that "the gravamen
of petitioner's entire claim" was that the surgical procedure was
"gratuitous," id., at 645, whereas Hill alleges that the
procedure he challenges presents a risk of pain the State can avoid
while still being able to enforce his sentence.
The Court rejects two rules proposed by respondents and their
amici to counter the prospect of inmates filing successive
§1983 actions challenging one aspect of an execution procedure after
another in order to forestall execution. First, the United States
contends that a capital litigant's §1983 action can proceed only if, as
in Nelson, the prisoner identifies an alternative, authorized
method of execution. Although Nelson's doing so supported the Court's
conclusion that his suit need not proceed as a habeas action, that fact
was not decisive. Nelson did not change the traditional
pleading requirements for §1983 actions. Specific pleading requirements
are mandated by the Federal Rules of Civil Procedure, and not, as a
general rule, through federal courts' case-by-case determinations.
Second, relying on cases barring §1983 damages actions that, if
successful, would imply the invalidation of an existing sentence or
confinement, see, e.g., Heck v. Humphrey,
512 U. S. 477, respondents and the amici States contend
that any challenge that would frustrate an execution as a practical
matter must proceed in habeas. This argument cannot be squared with
Nelson's observation,
541 U. S., at 646-647, that its criterion--whether granting relief
would necessarily bar the inmate's execution--is consistent with those
cases. Because injunctive relief would not necessarily foreclose Florida
from executing Hill by lethal injection under present law, it could not
be said that this suit seeks to establish "unlawfulness [that] would
render a conviction or sentence invalid," Heck, supra, at 486.
Pp. 4-9.
(b) Filing a §1983 action does not entitle the complainant to an
automatic stay of execution. Such a stay is an equitable remedy not
available as a matter of right, and equity must be sensitive to the
State's strong interest in enforcing its criminal judgments without
undue interference from federal courts. Thus, inmates seeking time to
challenge the manner of their execution must satisfy all of the
requirements for a stay, including showing a significant possibility of
success on the merits. A court considering a stay must also apply a
strong equitable presumption against granting relief where the claim
could have been brought at such a time as to allow consideration of the
merits without requiring a stay. Nelson, supra, at 650. After
Nelson federal courts have invoked their equitable powers to
dismiss suits they saw as speculative or filed too late. Repetitive or
piecemeal litigation presumably would raise similar concerns. States can
and should be protected from dilatory or speculative suits, but it is
not necessary to reject Nelson to do so. The equities and
merits of Hill's underlying action are not before this Court. Pp. 9-10.
437 F. 3d 1084, reversed and remanded.
Kennedy, J., delivered the opinion for a unanimous
Court.
CLARENCE E. HILL, PETITIONER v. JAMES R.
McDONOUGH, INTERIM SECRETARY,
FLORIDA DEPARTMENT OF
CORRECTIONS, et al.
on writ of certiorari to the united states court of
appeals for the eleventh circuit
[June 12, 2006]
Justice Kennedy delivered the opinion of the Court.
Petitioner Clarence E. Hill challenges the constitutionality of
a three-drug sequence the State of Florida likely would use to execute
him by lethal injection. Seeking to enjoin the procedure, he filed this
action in the United States District Court for the Northern District of
Florida, pursuant to the Civil Rights Act of 1871, Rev. Stat. §1979, as
amended, 42 U. S. C. §1983. The District Court and the Court of Appeals
for the Eleventh Circuit construed the action as a petition for a writ
of habeas corpus and ordered it dismissed for noncompliance with the
requirements for a second and successive petition. The question before
us is whether Hill's claim must be brought by an action for a writ of
habeas corpus under the statute authorizing that writ, 28 U. S. C.
§2254, or whether it may proceed as an action for relief under 42
U. S. C. §1983.
This is not the first time we have found it necessary to discuss
which of the two statutes governs an action brought by a prisoner
alleging a constitutional violation. See, e.g., Nelson
v. Campbell,
541 U. S. 637 (2004); Heck v. Humphrey,
512 U. S. 477 (1994); Preiser v. Rodriguez,
411 U. S. 475 (1973). Hill's suit, we now determine, is comparable
in its essentials to the action the Court allowed to proceed under §1983
in Nelson, supra. In accord with that precedent we now
reverse.
I
In the year 1983, Hill was convicted of first-degree murder and
sentenced to death. When his conviction and sentence became final some
five years later, the method of execution then prescribed by Florida law
was electrocution. Fla. Stat. §922.10 (1987). On January 14, 2000--four
days after the conclusion of Hill's first, unsuccessful round of federal
habeas corpus litigation--Florida amended the controlling statute to
provide: "A death sentence shall be executed by lethal injection, unless
the person sentenced to death affirmatively elects to be executed by
electrocution." §922.105(1) (2003). The now-controlling statute, which
has not been changed in any relevant respect, does not specify a
particular lethal-injection procedure. Implementation is the
responsibility of the Florida Department of Corrections. See ibid.;
Sims v. State, 754 So. 2d 657, 670 (Fla. 2000)
(per curiam). The department has not issued rules establishing a
specific lethal-injection protocol, and its implementing policies and
procedures appear exempt from Florida's Administrative Procedure Act.
See §922.105(7).
After the statute was amended to provide for lethal injection,
the Florida Supreme Court heard a death row inmate's claim that the
execution procedure violated the Eighth Amendment's prohibition of cruel
and unusual punishments. Sims v. State, supra.
In Sims, the complainant, who had acquired detailed information
about the procedure from the State, contended the planned three-drug
sequence of injections would cause great pain if the drugs were not
administered properly. 754 So. 2d, at 666-668. The Florida Supreme Court
rejected this argument as too speculative. Id., at 668.
On November 29, 2005, the Governor of Florida signed Hill's
death warrant, which ordered him to be executed on January 24, 2006.
Hill requested information about the lethal injection protocol, but the
department provided none. App. 21, n. 3 (Verified Complaint for
Declaratory & Injunctive Relief ¶15, n. 3 (hereinafter Complaint)). Hill
then challenged, for the first time, the State's lethal injection
procedure. On December 15, 2005, he filed a successive postconviction
petition in state court, relying upon the Eighth Amendment. The trial
court denied Hill's request for an evidentiary hearing and dismissed his
claim as procedurally barred. The Florida Supreme Court affirmed on
January 17, 2006. Hill v. State, 921 So. 2d 579, cert.
denied, 546 U. S. ___ (2006).
Three days later--and four days before his scheduled
execution--Hill brought this action in District Court pursuant to 42
U. S. C. §1983. Assuming the State would use the procedure discussed at
length in the Sims decision, see App. 20-21, and n. 3
(Complaint ¶15, n. 3), Hill alleged that the first drug injected, sodium
pentothal, would not be a sufficient anesthetic to render painless the
administration of the second and third drugs, pancuronium bromide and
potassium chloride. There was an ensuing risk, Hill alleged, that he
could remain conscious and suffer severe pain as the pancuronium
paralyzed his lungs and body and the potassium chloride caused muscle
cramping and a fatal heart attack. Id., at 18-21 (Complaint
¶¶9-16). The complaint sought an injunction "barring defendants from
executing Plaintiff in the manner they currently intend." Id.,
at 22 (Complaint ¶¶19-20).
The District Court found that under controlling Eleventh Circuit
precedent the §1983 claim was the functional equivalent of a petition
for writ of habeas corpus. Id., at 15 (relying on Robinson
v. Crosby, 358 F. 3d 1281 (2004)). Because Hill had sought
federal habeas corpus relief in an earlier action, the District Court
deemed his petition successive and thus barred for failure to obtain
leave to file from the Court of Appeals as required by 28 U. S. C.
§2244(b). On the day of the scheduled execution the Court of Appeals
affirmed. It held that Hill's action was a successive petition and that
it would deny any application for leave to file a successive petition
because §2244(b)(2) would not allow his claim to proceed. Hill
v. Crosby, 437 F. 3d 1084, 1085 (CA11 2006). After issuing a
temporary stay of execution, this Court granted Hill's petition for
certiorari and continued the stay pending our resolution of the case.
546 U. S. ___ (2006).
II
"Federal law opens two main avenues to relief on complaints
related to imprisonment: a petition for habeas corpus, 28 U. S. C.
§2254, and a complaint under the Civil Rights Act of 1871, Rev. Stat.
§1979, as amended, 42 U. S. C. §1983. Challenges to the lawfulness of
confinement or to particulars affecting its duration are the province of
habeas corpus." Muhammad v. Close,
540 U. S. 749, 750 (2004) (per curiam) (citing Preiser,
supra, at 500). An inmate's challenge to the circumstances of his
confinement, however, may be brought under §1983.
540 U. S., at 750.
In Nelson v. Campbell, supra, we
addressed whether a challenge to a lethal injection procedure must
proceed as a habeas corpus action. The complainant had severely
compromised peripheral veins, and Alabama planned to apply an invasive
procedure on his arm or leg to enable the injection. He sought to enjoin
the procedure, alleging it would violate the Eighth Amendment. The Court
observed that the question whether a general challenge to a method of
execution must proceed under habeas was a difficult one. The claim was
not easily described as a challenge to the fact or duration of a
sentence; yet in a State where the legislature has established lethal
injection as the method of execution, "a constitutional challenge
seeking to permanently enjoin the use of lethal injection may amount to
a challenge to the fact of the sentence itself." Id., at 644.
Nelson did not decide this question. The lawsuit at
issue, as the Court understood the case, did not require an injunction
that would challenge the sentence itself. The invasive procedure in
Nelson was not mandated by law, and the inmate appeared willing to
concede the existence of an acceptable alternative procedure. Id.,
at 645-646. Absent a finding that the challenged procedure was necessary
to the lethal injection, the Court concluded, injunctive relief would
not prevent the State from implementing the sentence. Consequently, the
suit as presented would not be deemed a challenge to the fact of the
sentence itself. See ibid.
The decision in Nelson also observed that its holding
was congruent with the Court's precedents addressing civil rights suits
for damages that implicate habeas relief. Those cases provide that
prisoners' suits for damages can be barred from proceeding under §1983
when a judgment in the prisoner's favor necessarily implies the
invalidity of the prisoner's sentence. See, e.g., Heck,
512 U. S., at 487; Close, supra, at 751. The action in
Nelson, however, was not analogous to a damages suit filed to
circumvent the limits imposed by the habeas statute. The suit did not
challenge an execution procedure required by law, so granting relief
would not imply the unlawfulness of the lethal injection sentence. See
541 U. S., at 647.
In the case before us we conclude that Hill's §1983 action is
controlled by the holding in Nelson. Here, as in Nelson,
Hill's action if successful would not necessarily prevent the State from
executing him by lethal injection. The complaint does not challenge the
lethal injection sentence as a general matter but seeks instead only to
enjoin the respondents "from executing [Hill] in the manner they
currently intend." App. 22 (Complaint ¶20). The specific objection is
that the anticipated protocol allegedly causes "a foreseeable risk of
... gratuitous and unnecessary" pain. Id., at 46 (Application
for Stay of Execution and for Expedited Appeal). Hill concedes that
"other methods of lethal injection the Department could choose to use
would be constitutional," Brief for Petitioner 17, and respondents do
not contend, at least to this point in the litigation, that granting
Hill's injunction would leave the State without any other practicable,
legal method of executing Hill by lethal injection. Florida law,
moreover, does not require the Department of Corrections to use the
challenged procedure. See Fla. Stat. §§922.105(1), (7) (prescribing
lethal injection and leaving implementation to the Department of
Corrections). Hill's challenge appears to leave the State free to use an
alternative lethal injection procedure. Under these circumstances a
grant of injunctive relief could not be seen as barring the execution of
Hill's sentence.
One difference between the present case and Nelson, of
course, is that Hill challenges the chemical injection sequence rather
than a surgical procedure preliminary to the lethal injection. In
Nelson, however, the State argued that the invasive procedure was
not a medical operation separable from the lethal injection but rather a
"necessary prerequisite to, and thus an indispensable part of, any
lethal injection procedure."
541 U. S., at 645. The Court reasoned that although venous access
was necessary for lethal injection, it did not follow that the State's
chosen means of access were necessary; "the gravamen of petitioner's
entire claim" was that the procedure was "gratuitous." Ibid.
(emphasis deleted). The same is true here. Although the injection of
lethal chemicals is an obvious necessity for the execution, Hill alleges
that the challenged procedure presents a risk of pain the State can
avoid while still being able to enforce the sentence ordering a lethal
injection.
One concern is that the foregoing analysis may be more
theoretical than real based on the practicalities of the case. A
procedure that avoids the harms Hill alleges, for instance, may be
susceptible to attack for other purported risks of its own. Respondents
and their supporting amici thus contend that the legal
distinction between habeas corpus and §1983 actions must account for the
practical reality of capital litigation tactics: Inmates file these
actions intending to forestall execution, and Nelson's emphasis
on whether a suit challenges something "necessary" to the execution
provides no endpoint to piecemeal litigation aimed at delaying the
execution. Viewed in isolation, no single component of a given execution
procedure may be strictly necessary, the argument goes, and a capital
litigant may put off execution by challenging one aspect of a procedure
after another. The amici States point to Nelson's
aftermath as a cautionary example, contending that on remand the
District Court allowed Nelson to amend his complaint and that litigation
over the constitutionality of Alabama's adopted alternative--one that
Nelson had previously proposed--continues to this day. See Brief for the
State of Alabama et al. 7-14.
Respondents and their supporting amici conclude that
two different rules should follow from these practical considerations.
The United States as amicus curiae contends that a capital
litigant's §1983 action can proceed if, as in Nelson, supra, at
646, the prisoner identifies an alternative, authorized method of
execution. A suit like Hill's that fails to do so, the United States
maintains, is more like a claim challenging the imposition of any method
of execution--which is to say, the execution itself--because it shows
the complainant is unable or unwilling to concede acceptable
alternatives "[e]xcept in the abstract." Brief for United States 14.
Although we agree courts should not tolerate abusive litigation
tactics, see Part III, infra, even if the United States'
proposed limitation were likely to be effective we could not accept it.
It is true that the Nelson plaintiff's affirmative
identification of an acceptable alternative supported our conclusion
that the suit need not proceed as a habeas action.
541 U. S., at 646 (citing the inmate's complaint and affidavits).
That fact, however, was not decisive. Nelson did not change the
traditional pleading requirements for §1983 actions. If the relief
sought would foreclose execution, recharacterizing a complaint as an
action for habeas corpus might be proper. See id., at 644, 646.
Cf. Gonzalez v. Crosby, 545 U. S. ___ (2005).
Imposition of heightened pleading requirements, however, is quite a
different matter. Specific pleading requirements are mandated by the
Federal Rules of Civil Procedure, and not, as a general rule, through
case-by-case determinations of the federal courts. See Fed. Rules Civ.
Proc. 8 and 9; Swierkiewicz v. Sorema N. A.,
534 U. S. 506, 512-514 (2002).
Respondents and the States as amici frame their
argument differently. While not asking the Court in explicit terms to
overrule Nelson, they contend a challenge to a procedure
implicating the direct administration of an execution must proceed as a
habeas action. Brief for Respondents 30-31; Brief for the State of
Alabama et al. 16-18. They rely on cases barring §1983 damages actions
that, if successful, would imply the invalidation of an existing
sentence or confinement. See, e.g., Edwards v.
Balisok,
520 U. S. 641 (1997); Heck,
512 U. S. 477. Those cases, they contend, demonstrate that the test
of whether an action would undermine a sentence must "be applied
functionally." Brief for the State of Alabama et al. as Amici Curiae
16. By the same logic, it is said, a suit should be brought in habeas if
it would frustrate the execution as a practical matter.
This argument cannot be squared with Nelson's
observation that its criterion--whether a grant of relief to the inmate
would necessarily bar the execution--is consistent with Heck's
and Balisok's approach to damages actions that implicate habeas
relief. Nelson, supra, at 646-647. In those cases the question
is whether "the nature of the challenge to the procedures could be such
as necessarily to imply the invalidity" of the confinement or sentence.
Balisok, supra, at 645. As discussed above, and at this stage
of the litigation, the injunction Hill seeks would not necessarily
foreclose the State from implementing the lethal injection sentence
under present law, and thus it could not be said that the suit seeks to
establish "unlawfulness [that] would render a conviction or sentence
invalid." Heck, supra, at 486. Any incidental delay caused by
allowing Hill to file suit does not cast on his sentence the kind of
negative legal implication that would require him to proceed in a habeas
action.
III
Filing an action that can proceed under §1983 does not entitle
the complainant to an order staying an execution as a matter of course.
Both the State and the victims of crime have an important interest in
the timely enforcement of a sentence. Calderon v. Thompson,
523 U. S. 538, 556 (1998). Our conclusions today do not diminish
that interest, nor do they deprive federal courts of the means to
protect it.
We state again, as we did in Nelson, that a stay of
execution is an equitable remedy. It is not available as a matter of
right, and equity must be sensitive to the State's strong interest in
enforcing its criminal judgments without undue interference from the
federal courts.
541 U. S., at 649-650. See In re Blodgett,
502 U. S. 236, 239-240 (1992) (per curiam); Delo v.
Stokes,
495 U. S. 320, 323 (1990) (per curiam) (Kennedy, J.,
concurring). Thus, like other stay applicants, inmates seeking time
to challenge the manner in which the State plans to execute them must
satisfy all of the requirements for a stay, including a showing of a
significant possibility of success on the merits. See Barefoot
v. Estelle,
463 U. S. 880, 895-896 (1983). See also Mazurek v.
Armstrong,
520 U. S. 968, 972 (1997) (per curiam) (preliminary
injunction not granted unless the movant, by a clear showing, carries
the burden of persuasion).
A court considering a stay must also apply "a strong equitable
presumption against the grant of a stay where a claim could have been
brought at such a time as to allow consideration of the merits without
requiring entry of a stay." Nelson, supra, at 650. See also
Gomez v. United States Dist. Court for Northern Dist. of Cal.,
503 U. S. 653, 654 (1992) (per curiam) (noting that the
"last-minute nature of an application" or an applicant's "attempt at
manipulation" of the judicial process may be grounds for denial of a
stay).
After Nelson a number of federal courts have invoked
their equitable powers to dismiss suits they saw as speculative or filed
too late in the day. See, e.g., Hicks v. Taft,
431 F. 3d 916 (CA6 2005); White v. Johnson, 429 F. 3d
572 (CA5 2005); Boyd v. Beck, 404 F. Supp. 2d 879 (EDNC
2005). Although the particular determinations made in those cases are
not before us, we recognize that the problem they address is
significant. Repetitive or piecemeal litigation presumably would raise
similar concerns. The federal courts can and should protect States from
dilatory or speculative suits, but it is not necessary to reject
Nelson to do so.
The equities and the merits of Hill's underlying action are also
not before us. We reverse the judgment of the Court of Appeals and
remand the case for further proceedings consistent with this opinion.
It is so ordered.
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