The execution was delayed whileKemmler's case was appealed on the grounds that it violatedthe EighthAmendmentrestrictionagainst cruelandunusualpunishment.
The business owner can also argue that the amount of money seized from his bank accounts violates the Excessive Fines Clause of the EighthAmendment to the U.S. Constitution.
The decision comes 21 years after a suit was filed on behalf of an inmate alleging that treatment provided to mentally ill inmates was so poor as to violate the EighthAmendment prohibition of cruel and unusual punishments, a claim consolidated with a later case alleging similarly deficient care of inmates with physical ailments.