United States Ninth Circuit

In a suit under 42 U.S.C. section 1983 asserting that Arizona's lethal injection protocol violated the Eighth Amendment, the district court's denial of a preliminary injunction is affirmed, where: 1) the placement of IV lines would not present an intolerable risk of harm; 2) the district court did not abuse its discretion in holding that the plaintiff failed to raise a serious question going to the merits of his equal protection claim; 3) the district court did not abuse its discretion in denying defense counsel observation of the IV placement procedure; and 4) an evidentiary hearing was not required or warranted.

Appellate Information

• Decided 05/15/2012
• Published 05/15/2012

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dale A. Baich, Kent Ernest Cattani