United States Ninth Circuit

In a challenge under 42 USC section 1983 to Arizona’s execution protocol on Eighth and Fourteenth Amendment grounds, the district court's denial of a preliminary injunction against use of the protocol is affirmed, where: 1) the protocol comported with the protocol approved in Baze v. Rees, 553 U.S. 35 (2008), and thus the plaintiffs had not demonstrated a substantial likelihood of success on their Eighth Amendment challenge; and 2) the grant of discretion to the director of the Arizona Department of Corrections to make decisions regarding the manner in which the executions would be carried out did not violate the Equal Protection Clause.

Appellate Information

• Decided 02/28/2012
• Published 02/28/2012

Judges

Court

• United States Ninth Circuit

Counsel

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