Death row inmate loses suit over hip surgery

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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