Federal Judge’s Ruling May Halt Future Executions in Arizona

A drug used in Arizona executions has passed its medical expiration date as a federal court hears a lawsuit claiming that the drug violates the Eight Amendment, potentially creating an indefinite hold to executions in the state

First Amendment Coal. of Ariz. Inc. v. Ryan, 2016 BL 160709, D. Ariz., No. 2:14-cv-01447, 5/18/16.

    A federal judge in Arizona refused to dismiss a lawsuit claiming that a drug used in the three step execution process in the state violated the Eight Amendment. The drug, however, reached its medical expiration date on May 31, 2016, effectively putting executions on an indefinite hold. The main argument against the the drug, midazolam, is that it violates the prohibition of cruel and unusual punishment because it does not always render an inmate unconscious.

    The judge notes that Glossip v. Gross does not control because the inmates in the case were able to provide alternative protocols that are considered less painful, such as removing midazolam from the cocktail or replacing it with another drug, satisfying the Supreme Court’s holding in that case.

http://www.bloomberglaw.com/public/desktop/document/First_Amendment_Coal_of_Ariz_Inc_v_Ryan_No_CV1401447PHXNVW_2016_B?1465246384