Johnson v. Precythe

(1) Whether Bucklew v. Precythe established a categorical rule that a state may obtain dismissal of an Eighth Amendment method-of-execution claim by proffering a reason for rejecting the plaintiff"s opposed alternative method of execution that is legitimate in the abstract, regardless of whether the plaintiff has plausibly alleged that the state"s proffered reason is not legitimate or sufficient on the facts of the case; and (2) whether, in the alternative, the U.S. Court of Appeals for the 8th Circuit"s refusal to permit Ernest Johnson, after the Supreme Court"s decision in Bucklew was issued, to amend his complaint to propose a previously-used alternative method of execution warrants summary reversal.