United States Tenth Circuit

In a 42 U.S.C. section 1983 action brought by a prisoner scheduled for execution to challenge the lethal injection protocol to be used for his execution, denial of injunctive relief and denial of a motion for stay are affirmed where the district court did not abuse its discretion in denying relief due to the prisoner's delay in bringing his constitutional challenge to the lethal-injection protocol and his failure to demonstrate a likelihood of success on the merits of that challenge, despite evidence of a recently botched Florida execution.

Appellate Information

• Decided 01/04/2007
• Published 01/05/2007

Judges

• PER CURIAM., Before TACHA, Chief Judge, O'BRIEN, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Robert R. Nigh, Jr. of Brewster & DeAngelis, P.L.L.C., Tulsa, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Jennifer J. Dickson, Assistant Attorney General (W.A. Drew Edmondson, Attorney General of Oklahoma, with her on the brief), Oklahoma City, OK, for Defendants-Appellees.