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CHESTER v. BEARD

Civil No. 1:08-cv-1261.

657 F.Supp.2d 534 (2009)

Frank Robert CHESTER, Zachary Wilson, and Donald Hardcastle, Plaintiffs v. Jeffrey A. BEARD and Franklin J. Tennis, Defendants.

United States District Court, M.D. Pennsylvania.

September 28, 2009.

Attorney(s) appearing for the Case

David Rudovsky, Kairys, Rudovsky, Messing & Feinberg, LLP, Elizabeth Hoop Fay, Joseph B.G. Fay, Kenneth M. Kulak, Morgan, Lewis & Bockius LLP, Philadelphia, PA, Maxine M. Woelfling, Morgan, Lewis & Bockius LLP, Harrisburg, PA, for Plaintiffs.

Amy Zapp, PA Office of the Attorney General, Harrisburg, PA, for Defendants.

MEMORANDUM

YVETTE KANE, Chief Judge.

This putative class action is brought by three plaintiffs, Frank Robert Chester, Zachary Wilson, and Donald Hardcastle ("Plaintiffs"), each of whom has been convicted of first-degree murder and sentenced to death in Pennsylvania. Plaintiffs allege that the Commonwealth of Pennsylvania's practice of executing condemned prisoners by means of lethal injection subjects them to an unnecessary risk of excruciating pain...

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