March 4, 1998
Peter Warren Kenny, etc. (Petitioner) vs Robert A. Butterworth, etc. (Respondent) + State Ex Rel. Robert A. Butterworth, etc. (Petitioner) vs Peter Kenny, etc., et al. (Respondent)
Case Number(s):
92331, 92343

Summary:

On behalf of several death row inmates, the new Capital Collateral Counsel for the Southern District, Mr. Kenny, has a federal civil suit pending challenging the electric chair as cruel and unusual punishment. Butterworth intervened on grounds Kenny is prohibited by statute from filing civil suits. Kenny asks the Court to stop Butterworth from intervening, and Butterworth asks the Court to order Kenny to stop spending resources on civil suits. Kenny meanwhile has moved to withdraw as counsel for certain inmates on grounds that legislators threatened to cut his funding for the way he handled cases.