requiring up to an hour for death to result is a “lingering death” prohibited by the Eighth Amendment, particularly when the inmate is unconscious for all but the first few seconds of the process. Moreover, the Supreme Court’s examples of state conduct that might produce a “lingering death” in violation of the Eighth Amendment—failure to provide medical care and failure to provide food— imply strongly that a “lingering death” is one that takes much longer than an hour and one during which the inmate is consciously suffering. The Plaintiffs acknowledge in their brief to this Court that their claim that the Protocol violates the Eighth Amendment by causing a “lingering death” “has never before been addressed by any court.” But see Walker v. Johnson, 448 F.Supp.2d 719, 724 (E.D. Va. 2006) (<HOLDING>). Respectfully, we decline to hold that a
holding that the fortress theory was applicable where it reasonably appeared that the gun was used to protect the drugs given that the drugs and firearm were found in the same location holding that circumstantial evidence of guilt emanating from the defendants proximity to illicit drugs in plain view was equally susceptible to the reasonable hypotheses that the defendant was a mere visitor and that the drugs were in the possession and control of the owner or other occupant of the premises holding that virginias then threedrug protocol included sufficient safeguards including the placing of two working iv lines the high dosage of the lethal drugs the manner in which the drugs were prepared and handled the qualifications of the execution team members and the repetitive training required of them to avoid a lingering death holding that uncharged amounts of drugs may be included as relevant conduct even if the defendant never actually possessed or distributed the drugs holding that defendants have a due process right to avoid the involuntary administration of antipsychotic drugs absent a finding inter alia that the drugs administered were medically appropriate