LOUISVILLE, Ky. (AP) — A Kentucky death row inmate has lost his bid to force the state to find a place to perform surgery on his degenerating hip.
U.S. Magistrate Judge Edward B. Atkins rejected a lawsuit brought by 57-year-old Robert Foley aimed a requiring the medical procedure. Foley claimed the state’s inability to find a hospital amounted to unconstitutional cruel and unusual punishment.
Foley was convicted of killing six people in eastern Kentucky in 1989 and 1991. Court documents obtained through a public records request and Foley’s lawsuit show his status as an extremely dangerous prisoner was a key factor in the state’s difficulty finding a surgeon and hospital.
Atkins concluded that the state put forth an effort to find a facility for Foley but was unable to do so despite the efforts.
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