Louisiana Seeks Declaratory Judgment Against 84 Death Row Inmates

The state of Louisiana has sued 84 death row inmates, seeking declaratory judgment that the execution method complies with state law. The state named all 84 death row inmates in a counterclaim to one prisoner’s suit in which he challenged the lethal injection procedure as violating the Louisiana Administrative Procedure Act.

It is unclear whether the state has the ability to file counterclaims against all 84 prisoners when only one prisoner filed suit against the state in the first place. In addition, the prisoner’s suit was dismissed over a month before the state filed their counterclaims. It is unclear whether the state could actually file counterclaims after the matter was dismissed.

The suit was instituted by the Correction’s Department, who called the decision to sue a "sort of an internal management decision." 

Enjoy Your Last Meal, and for Dessert: A Summons and Complaint | Law.com

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