In Hill v. McDonough, No. 05-8794 (June 12, 2006), the Supreme Court unanimously reversed the Eleventh Circuit, and held that a death row inmate seeking to enjoin his execution by lethal injunction in Florida could proceed under 42 U.S.C. § 1983.
The Court noted that a proceeding which sought to enjoin a method of execution was not a challenge to a sentence, and therefore need not be characterized as a habeas proceeding, and therefore was not subject to AEDPA’s limitation on "second and successive" petitions.
