IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

WILLIE McNAIR, ) 

 ) 

Plaintiff, ) 

 ) 

v. ) 

 ) No. 2:06-cv-00695-WKW-SRW

RICHARD ALLEN, Commissioner, ) 

Alabama Department of Corrections, ) 

And GRANTT CULLIVER, Warden, ) 

Holman Correctional Facility ) 

 ) 

 Defendants. ) 

DEFENDANTS’ MOTION TO JOIN 

ADDITIONAL DEFENDANT-IN-COUNTERCLAIM

 Defendants / Counter-plaintiffs, Richard Allen, in his official capacity as 

Commissioner of the Alabama Department of Corrections, and Grantt Culliver, in his 

official capacity as Warden of the Holman Correctional Facility, who have filed a 

counter-claim against plaintiff Willie McNair, respectfully move pursuant to Rules 13(h), 

19, and 20 of the Federal Rules of Civil Procedure, to join James Harvey Callahan as an 

additional defendant-in-counter claim. In support of this Motion, Defendants / Counterplaintiffs state as follows: 

1. In their counter-claim, Defendants / Counter-plaintiffs assert claims 

against Willie McNair (“McNair”) and James Harvey Callahan (“Callahan”) for 

declaratory relief related to the confidential protocol administering capital punishment by 

lethal injection in the State of Alabama. 

2. Callahan is an inmate on Alabama’s death row. He was convicted of 

murder and sentenced to death by lethal injection. Both the conviction and sentence were 

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upheld on appeal. 

3. The confidential execution protocol that will be used in each counterdefendant’s execution is the same, and is the same that will be used in the execution of 

other inmates on Alabama’s death row. Therefore, with respect to the claims against 

McNair and Callahan, there are common questions of law and fact concerning the 

constitutionality of the protocol. 

4. As a death row inmate, Callahan claims an interest in an action concerning 

the constitutionality of Alabama’s execution protocol. Disposition of the matter in his 

absence may as a practical matter impair or impede his ability to protect that interest. In 

the alternative, should Callahan assert a separate action, the Defendants / Counterplaintiffs will be subject to a substantial risk of inconsistent obligations. 

5. The Counter-plaintiffs adopt and incorporate their Answer and CounterClaim for Declaratory Judgment as if set forth fully herein. 

 WHEREFORE, Plaintiffs respectfully request that this Court enter an order 

requiring or permitting the joinder of James Harvey Callahan as an additional Counterdefendant. 

Respectfully submitted, 

TROY KING (KIN047) 

ATTORNEY GENERAL 

BY: 

s/ J. Clayton Crenshaw 

J. Clayton Crenshaw (CRE007)

Assistant Attorney General 

s/ James W. Davis 

James W. Davis (DAV103)

Assistant Attorney General 

Case 2:06-cv-00695-WKW-CSC Document 9 Filed 09/29/2006 Page 2 of 3
OF COUNSEL: 

Office of the Attorney General 

11 South Union Street 

Montgomery, AL 36130 

(334) 242-7300 

(334) 353-8440 Fax 

Email: ccrenshaw@ago.state.al.us 

jimdavis@ago.state.al.us 

CERTIFICATE OF SERVICE

This is to certify that on the 29th day of September, 2006, a copy of the foregoing 

has been electronically filed with the Clerk of the Court using the CM/ECF system, 

which will electronically send a copy of the same to the following: 

Cathleen I. Price 

Equal Justice Initiative of Alabama 

122 Commerce Street 

Montgomery, AL 36104 

cprice@eji.org

Randall S. Susskind 

Equal Justice Initiative of Alabama 

122 Commerce Street 

Montgomery, AL 36104 

rsusskind@eji.org

OF COUNSEL 

S/ James W. Davis 

James W. Davis (DAV103)

Assistant Attorney General 

Office of the Attorney General 

11 South Union Street 

Montgomery, AL 36130 

(334) 242-7300 

(334) 353-8440 Fax 

Email: jimdavis@ago.state.al.us 

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