8th Circuit Finds Death Row Inmate Has Standing to Sue State Officials for Allegedly Failing to Turn Over Key Evidence That Could Prove Innocence
"The defendants here are not immune from suit under the Eleventh Amendment because Johnson seeks prospective declaratory and injunction relief and has alleged a sufficient connection between the defendants and Act 1780's enforcement," Judge Jane Kelly wrote on behalf of the court. "The Sevier County Prosecuting Attorney and the Director of the State Crime Lab have a sufficient connection because they possess and control evidence that Johnson seeks to test, and they have refused to provide it to him."
"Robins Kaplan is so pleased to have been able to partner with Gender Justice and obtain this result for Ms. Lusk," said her attorney, Rebecca Bact of Robins Kaplan. "The settlement not only ensures that she is treated with dignity, but does the same for other trans and gender nonconforming individuals within the Minnesota DOC."