United States Eighth Circuit

In an action challenging the constitutionality of Arkansas's protocol for execution by lethal injection, summary judgment for defendants is affirmed where: 1) plaintiffs' evidence of previous executions did not establish that the Arkansas protocol created a substantial risk of serious harm that the inmates would remain conscious after the administration of sodium pentothal; 2) plaintiffs failed to establish a genuine issue of material fact about whether the state planned to use intracardiac infusion in future executions; and 3) plaintiffs did not show that they faced a substantial risk of serious harm from the placement of central venous lines by unqualified state personnel.

Appellate Information

• Decided 02/08/2010
• Published 02/08/2010

Judges

• GRUENDER, Circuit Judge., Before MELLOY, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Scott Braden, Jeffrey M. Rosenzweig, E. Alvin Schay, Julie Brain, AFPD, Little Rock, AR, for Appellant.


• For Appellees:
  
• Carmine Joseph Cordi, Jr., Little Rock, AR, for Appellee.