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PHILLIPS v. DeWINE

No. 15-3238.

841 F.3d 405 (2016)

Ronald PHILLIPS; Raymond Tibbetts; Robert J. Van Hook, Plaintiffs-Appellants, v. Mike DeWINE, Attorney General of the State of Ohio; John R. Kasich, Governor of the State of Ohio; Donald Morgan, Warden of the Southern Ohio Correctional Facility; Gary C. Mohr, Director of the Ohio Department of Rehabilitation and Corrections, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 2, 2016.

Attorney(s) appearing for the Case

ARGUED: Timothy F. Sweeney , LAW OFFICE OF TIMOTHY F. SWEENEY, Cleveland, Ohio, for Appellants. Tiffany L. Carwile , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees. ON BRIEF: Timothy F. Sweeney , LAW OFFICE OF TIMOTHY F. SWEENEY, Cleveland, Ohio, David C. Stebbins , Allen L. Bohnert , Sharon Hicks , OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, Lisa M. Lagos , OFFICE OF THE OHIO PUBLIC DEFENDER, Columbus, Ohio, for Appellants. Tiffany L. Carwile , Bridget E. Coontz , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees.

SILER, J., delivered the opinion of the court in which NORRIS, J., joined. STRANCH, J. (pp. 420-33), delivered a separate dissenting opinion.

OPINION

In this appeal, a group of inmates sentenced to death in Ohio challenge the constitutionality of the State's newly enacted statutory scheme concerning the confidentiality of information related to lethal injection. The district court dismissed some of their...

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