McGehee et al v. Hutchinson et al

Filing 207

JUDGMENT: Consistent with the 206 Findings of Fact and Conclusions of Law entered by the Court in this matter, the Court enters judgment as follows: Defendants Asa Hutchinson, who is sued in his official capacity as Governor of Arkansas, and Wendy Kelley, who is sued in her official capacity as Director of the Arkansas Department of Correction, are entitled to judgment in their favor on claim one filed by plaintiffs Stacey Johnson, Bruce Ward, Terrick Nooner, and Don Davis, as well as interven or-plaintiffs Justin Anderson, Ray Dansby, Gregory Decay, Kenneth Isom, Alvin Jackson, Latavious Johnson, Timothy Kemp, Brandon Lacy, Zachariah Marcyniuk, Roderick Rankin, Andrew Sasser, Thomas Springs, and Mickey Thomas (collectively, plaintiffs) un der the Eighth Amendment; Defendants are entitled to judgment in their favor on plaintiffs claim two under the Eighth Amendment and the Equal Protection Clause; and Plaintiffs are entitled to judgment in their favor, in part, and defendants are entit led to judgment in their favor, in part, on plaintiffs claims three and four under the First Amendment and the right to counsel under 18 U.S.C. § 3599. The Court orders relief consistent with the terms of its prior 206 Order. Specifically, the Court memorializes the 62 Joint Execution Viewing Policy entered into by the parties prior to the April 2017 executions and followed during the April 2017 executions, and, per the parties on-the-record representations, the Court directs the parties, absent good cause, to abide by the Joint Execution Viewing Policy. Signed by Judge Kristine G. Baker on 5/31/2020. (jbh)

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IN THE UNITED STATES DISTRICT COURT EASTERN DIVISION OF ARKANSAS CENTRAL DIVISION JASON MCGEHEE, et al. v. PLAINTIFFS Case No. 4:17-cv-00179 KGB ASA HUTCHINSON, et al. DEFENDANTS JUDGMENT Consistent with the Findings of Fact and Conclusions of Law entered by the Court in this matter (Dkt. No. 206), the Court enters judgment as follows: (1) Defendants Asa Hutchinson, who is sued in his official capacity as Governor of Arkansas, and Wendy Kelley, who is sued in her official capacity as Director of the Arkansas Department of Correction (“ADC”) (collectively, “defendants”), are entitled to judgment in their favor on claim one filed by plaintiffs Stacey Johnson, Bruce Ward, Terrick Nooner, and Don Davis, as well as intervenor-plaintiffs Justin Anderson, Ray Dansby, Gregory Decay, Kenneth Isom, Alvin Jackson, Latavious Johnson, Timothy Kemp, Brandon Lacy, Zachariah Marcyniuk, Roderick Rankin, Andrew Sasser, Thomas Springs, and Mickey Thomas (collectively, “plaintiffs”) under the Eighth Amendment; (2) Defendants are entitled to judgment in their favor on plaintiffs’ claim two under the Eighth Amendment and the Equal Protection Clause; and (3) Plaintiffs are entitled to judgment in their favor, in part, and defendants are entitled to judgment in their favor, in part, on plaintiffs’ claims three and four under the First Amendment and the right to counsel under 18 U.S.C. § 3599. The Court orders relief consistent with the terms of its prior Order (Dkt. No. 206). Specifically, the Court memorializes the Joint Execution Viewing Policy entered into by the parties prior to the April 2017 executions and followed during the April 2017 executions (Dkt. No. 62), and, per the parties’ on-the-record representations, the Court directs the parties, absent good cause, to abide by the Joint Execution Viewing Policy. It is so ordered this 31st day of May, 2020. _________________________________ Kristine G. Baker United States District Judge 2

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