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Angel Nieves Diaz v. Secretary, DOC
Citations: 472 F.3d 849; 2006 U.S. App. LEXIS 30533; 2006 WL 3624999Docket: 06-16408
Court: Court of Appeals for the Eleventh Circuit; December 13, 2006; Federal Appellate Court
Original Court Document: View Document
Angel Nieves Diaz, a Florida prisoner sentenced to death, filed a pro se complaint under Section 1983, challenging the lethal injection protocol as constituting cruel and unusual punishment under the Eighth and Fourteenth Amendments due to the potential for unnecessary pain. He sought a preliminary injunction to halt his scheduled execution on December 13, 2006, which the district court denied, concluding that Diaz did not demonstrate a significant possibility of success on the merits and citing the strong presumption against granting last-minute stays. Diaz appealed this denial and requested a stay of execution, effectively seeking to temporarily enjoin the State from carrying out his execution while his appeal was pending. The court noted that a stay is an equitable remedy not granted as a matter of right, and it must consider the State's interest in enforcing its criminal judgments. Moreover, the court referenced the requirement that claims must be brought in a timely manner to avoid necessitating a stay. Diaz's request for an injunction was framed as grounded in the All Writs Act, which allows federal courts to issue necessary writs to aid their jurisdiction. Ultimately, the court denied Diaz’s petition for a stay of execution. An injunction under the All Writs Act requires a connection to an ongoing proceeding or a past order or judgment that is being compromised by another’s actions, as established in Klay v. United Healthgroup, Inc. Diaz has appealed the denial of his preliminary injunction motion, and the court has jurisdiction under 28 U.S.C. 1292(a)(1) to grant an injunction to safeguard its jurisdiction over the appeal. However, the court finds that the equities do not favor granting Diaz's request. Diaz filed his section 1983 complaint and request for injunctive relief shortly before his scheduled execution and after the Florida Supreme Court denied his post-conviction relief application, which included challenges to the Florida lethal injection protocol. The court notes that Diaz was aware or should have been aware of the basis for his section 1983 claim well in advance of his filing, as similar challenges had been considered by the Florida Supreme Court since 2000. Consequently, Diaz cannot argue he was unable to file his federal complaint earlier, which would have allowed for a merits review without requiring a stay. Therefore, Diaz's motion for a stay of execution is denied.