Nelson v. Campbell
Nelson was convicted in Alabama of capital murder and sentenced to death. Following affirmance of his murder conviction and death sentence, and denial of state and federal habeas relief, Nelson filed a section 1983 action alleging that Alabama's possible use of the "cut-down" procedure to gain venous access as part of the lethal injection procedure constituted cruel and unusual punishment. The section 1983 action sought to enjoin execution. The federal district court dismissed the complaint. The Eleventh Circuit Court of Appeals affirmed, holding in part that Nelson's section 1983 claim was the "functional equivalent" of a second or successive habeas petition.
Question Presented:
Whether a complaint brought under 42 U.S.C. § 1983 by a death-sentenced state prisoner, who seeks to stay his execution in order to pursue a challenge to the procedures for carrying out the
execution, is properly recharacterized as a habeas corpus petition under 28 U.S.C. § 2254.
