Nance v. Ward, 597 U.S. ___ (2022), was a United States Supreme Court case related to death row inmates' as-applied challenges to methods of execution.

§ 1983, asserting its use of lethal injection would subject him to a level of pain that is unconstitutional under the Eighth Amendment to the United States Constitution.

The United States Court of Appeals for the Eleventh Circuit found that Nance's request for a firing squad, which is not authorized by Georgia law, constituted an attack on his death sentence and thus had to be filed in the context of a writ of habeas corpus.

The court ruled that a claim for an alternative methods of execution that is not authorized by the state can still be addressed under 42 U.S.C.

She adds that due to the "vagaries of state law”, if prisoners of different state have to file different types of claims (e.g. an inmate filing a §1983 claim in Alabama for a firing squad as their preferred choice of death and an inmate filing a habeas claim in Georgia for the same method of death), this "non-conformity" would be "strange".