Ledford v. Commissioner, Georgia Department of Corrections
2017 U.S. App. LEXIS 8554
| 11th Cir. | 2017Background
- J.W. Ledford Jr., sentenced to death for a 1992 murder, filed a § 1983 suit five days before his scheduled execution (May 16, 2017) challenging Georgia’s single‑drug lethal injection protocol (5,000 mg compounded pentobarbital) as applied to him.
- Ledford’s as‑applied claim rests on his long‑term gabapentin use (about a decade), which he alleges could blunt pentobarbital’s effect and cause a substantial risk of severe pain.
- The district court denied a temporary restraining order and dismissed the complaint; Ledford appealed and moved for an emergency stay of execution.
- The Eleventh Circuit reviewed the stay motion under the standard applicable to temporary restraining orders/stays pending appeal (four‑factor test).
- The court denied the stay on three independent grounds: (1) the § 1983 challenge is time‑barred under Georgia’s two‑year statute of limitations (claims accrued in Oct. 2001 when Georgia adopted lethal injection); (2) alternatively, Ledford failed to show a substantial likelihood of success on the merits (no showing of a sure or very likely risk of severe pain nor of available feasible alternatives); and (3) equitable considerations weigh against a stay because of Ledford’s last‑minute filing and the State’s and victims’ interest in finality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness / Statute of limitations | Ledford: his method‑of‑execution claim is timely given changes in 2013 (compounded pentobarbital & secrecy law) and his recent evidence about gabapentin interaction | Georgia: claims accrued when lethal injection was adopted (Oct 2001); 2013 changes were not "substantial" under Eleventh Circuit precedent; Georgia has a 2‑year limitations period | Court: claim is time‑barred (accrued Oct 2001); 2017 filing is untimely |
| Eighth Amendment — substantial risk of severe pain | Ledford: decades of gabapentin use may blunt pentobarbital, making 5,000 mg insufficiently fast to render him insensate, creating a substantial risk of severe pain | Georgia: expert testimony says 5,000 mg is more than sufficient even with gabapentin; Ledford’s experts do not quantify how gabapentin would prevent insensibility | Court: Ledford failed to show it is "sure or very likely" he would suffer severe pain; no substantial likelihood of success |
| Adequacy of alternatives (feasible, readily implemented) | Ledford: various claims including firing squad as alternative (argued would reduce risk) | Georgia: no feasible, readily implemented alternative identified; state not obligated to adopt archaic methods; logistical and statutory barriers | Court: Ledford failed to identify an alternative that is feasible/readily implemented and would significantly reduce risk; firing squad claim also untimely and implausible |
| Equitable relief / last‑minute filing | Ledford: emergency circumstances justify stay and consideration despite lateness | Georgia: late filing (5 days before execution) indicates delay and is prejudicial; State and victims have strong finality interests | Court: equitable factors weigh against a stay—Ledford delayed, and State/victims’ interests favor denial |
Key Cases Cited
- Baze v. Rees, 553 U.S. 35 (2008) (Eighth Amendment challenge requires showing of risk that is sure or very likely to cause severe pain)
- Glossip v. Gross, 135 S. Ct. 2726 (2015) (plaintiff must show both substantial risk and known, feasible alternatives)
- Gissendaner v. Comm’r, Ga. Dep’t of Corr., 779 F.3d 1275 (11th Cir. 2015) (statute‑of‑limitations and timeliness principles for method‑of‑execution claims)
- Wellons v. Comm’r, Ga. Dep’t of Corr., 754 F.3d 1260 (11th Cir. 2014) (related precedent on execution protocol challenges)
- Jones v. Allen, 485 F.3d 635 (11th Cir. 2007) (dilatory, last‑minute challenges to execution protocols weigh against stays)
- Nelson v. Campbell, 541 U.S. 637 (2004) (equitable factors, including delay and relative harms, govern stay requests)