IN RE OHIO EXECUTION PROTOCOL LITIGATION

Case No. 2:11-cv-1016.

In re: OHIO EXECUTION PROTOCOL LITIGATION. This Order relates to Plaintiffs Phillips, Tibbetts, and Otte.

United States District Court, S.D. Ohio, Eastern Division, Columbus.

February 7, 2017.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 535 Death Penalty - Habeas Corpus
Source: PACER


Attorney(s) appearing for the Case

Stanley Adams, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Stanley Adams, Plaintiff, represented by Spiros P. Cocoves .

Tyrone Ballew, Plaintiff, represented by Gary Wayne Crim & Randall Lee Porter , Ohio Public Defender Office.

Richard Bays, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office & Erin Gallagher Barnhart , Federal Public Defender for the Southern District of Ohio.

Melvin Bonnell, Plaintiff, represented by Kimberly S. Rigby , Ohio Public Defender & Randall Lee Porter , Ohio Public Defender Office.

Quisi Bryan, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Alva Campbell, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office, David C. Stebbins , Federal Public Defenders Office & Justin C. Thompson , Federal Public Defender.

Davel Chinn, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office, Erin Gallagher Barnhart , Federal Public Defender for the Southern District of Ohio & Rachel Troutman , Ohio Public Defender.

Douglas Coley, Plaintiff, represented by John B. Gibbons & Randall Lee Porter , Ohio Public Defender Office.

Roland Davis, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office, David C. Stebbins , Federal Public Defenders Office & Erin Gallagher Barnhart , Federal Public Defender for the Southern District of Ohio.

Archie Dixon, Plaintiff, represented by Michael J. Benza & Randall Lee Porter , Ohio Public Defender Office.

John Drummond, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

Angelo Fears, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender & Randall Lee Porter , Ohio Public Defender Office.

Antonio Sanchez Franklin, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office, S. Adele Shank & James P. Fleisher .

James Frazier, Plaintiff, represented by David L. Doughten & Randall Lee Porter , Ohio Public Defender Office.

Clarence Fry, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & Richard Allen Cline , Ohio Public Defender.

Larry Gapen, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

Delano Hale, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & Rachel Troutman , Ohio Public Defender.

James Hanna, Plaintiff, represented by David L. Doughten & Kathleen McGarry .

Siddique Abdullah Hasan, Plaintiff, represented by Laurence E. Komp & Randall Lee Porter , Ohio Public Defender Office.

Warren K Henness, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office, David C. Stebbins , Federal Public Defenders Office & Justin C. Thompson , Federal Public Defender.

Danny Hill, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

Timothy Hoffner, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & Stephen M. Kissinger , Federal Defender Services of Eastern Tennessee, Inc..

Percy Hutton, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office & Vicki Ruth Adams Werneke , Federal Public Defender, Northern District of Ohio.

Andre Jackson, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Cleveland Jackson, Plaintiff, represented by John B. Gibbons & Randall Lee Porter , Ohio Public Defender Office.

Kareem Jackson, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & Kathryn L. Sandford , Ohio Public Defender's Office.

Juan Kinley, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & W. Joseph Edwards .

Keith LaMar, Plaintiff, represented by David L. Doughten , Randall Lee Porter , Ohio Public Defender Office, Stephen M. Kissinger , Federal Defender Services of Eastern Tennessee, Inc. & Kathleen McGarry .

Lawrence Landrum, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Edward Lang, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Carl Lindsey, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

Charles L Lorraine, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender & Randall Lee Porter , Ohio Public Defender Office.

Jose Trinidad Loza, Plaintiff, represented by Laurence E. Komp & Randall Lee Porter , Ohio Public Defender Office.

Ralph Lynch, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & Kathryn L. Sandford , Ohio Public Defender's Office.

Freddie McNeill, Jr., Plaintiff, represented by Laurence E. Komp , Randall Lee Porter , Ohio Public Defender Office & Robert Aloysius Dixon .

Samuel Moreland, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office, Justin C. Thompson , Federal Public Defender & Sharon A. Hicks , Federal Public Defender.

Tyrone Noling, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Gary Otte, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, James A. King , Porter Wright Morris & Arthur, Carol Ann Wright , Federal Public Defenders Office, Randall Lee Porter , Ohio Public Defender Office, Vicki Ruth Adams Werneke , Federal Public Defender, Northern District of Ohio & Nadia Wood , The Office of the Federal Public Defender.

Ron Phillips, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office, Timothy F. Sweeney , Allen L. Bohnert , Office of the Federal Public Defender, Carol Ann Wright , Federal Public Defenders Office, James A. King , Porter Wright Morris & Arthur & Lisa M. Lagos , Office of the Ohio Public Defender, pro hac vice.

Walter Raglin, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

Jason Robb, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office & David C. Stebbins , Federal Public Defenders Office.

Michael Dean Scott, Plaintiff, represented by David L. Doughten & Randall Lee Porter , Ohio Public Defender Office.

Duane Short, Plaintiff, represented by Kimberly S. Rigby , Ohio Public Defender & Randall Lee Porter , Ohio Public Defender Office.

Warren Spivey, Plaintiff, represented by Vicki Ruth Adams Werneke , Federal Public Defender, Northern District of Ohio.

John David Stumpf, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Alan M. Freedman , David C. Stebbins , Federal Public Defenders Office & Sharon A. Hicks , Federal Public Defender.

Raymond Tibbetts, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, James A. King , Porter Wright Morris & Arthur, Carol Ann Wright , Federal Public Defenders Office, David L. Doughten , Erin Gallagher Barnhart , Federal Public Defender for the Southern District of Ohio, Nadia Wood , The Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Sharon A. Hicks , Federal Public Defender.

James Trimble, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & Kathryn L. Sandford , Ohio Public Defender's Office.

Raymond Twyford, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

Robert Van Hook, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Carol Ann Wright , Federal Public Defenders Office, David C. Stebbins , Federal Public Defenders Office & Randall Lee Porter , Ohio Public Defender Office.

Warren Waddy, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

James Were, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Andre Williams, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

Robert Williams, Plaintiff, represented by Jeffry F. Kelleher , Jeffry F. Kelleher & Assoc., John Ricotta & Randall Lee Porter , Ohio Public Defender Office.

Abdul Awkal, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, R. Brian Moriarty , R. Brian Moriarty, LLC, pro hac vice, Carol Ann Wright , Federal Public Defenders Office, Kevin Cafferkey , pro hac vice & Randall Lee Porter , Ohio Public Defender Office.

David Braden, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & Kathryn L. Sandford , Ohio Public Defender's Office.

Cedric Carter, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Sean Carter, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & Rachel Troutman , Ohio Public Defender.

August Cassano, Plaintiff, represented by Jeffry F. Kelleher , Jeffry F. Kelleher & Assoc. & Randall Lee Porter , Ohio Public Defender Office.

Jeronique Cunningham, Plaintiff, represented by Michael J. Benza & Randall Lee Porter , Ohio Public Defender Office.

Stanley Fitzpatrick, Plaintiff, represented by James H. Schuster , McCarthy, Lebit, Crystal & Liffman & Randall Lee Porter , Ohio Public Defender Office.

Genesis Hill, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office & Justin C. Thompson , Federal Public Defender.

Gary Hughbanks, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Kerry Perez, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & Rachel Troutman , Ohio Public Defender.

William Sapp, Plaintiff, represented by David Jan Graeff & Randall Lee Porter , Ohio Public Defender Office.

Bobby T. Sheppard, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office & Erin Gallagher Barnhart , Federal Public Defender for the Southern District of Ohio.

George Skatzes, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

David Sneed, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

Michael Turner, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office & David C. Stebbins , Federal Public Defenders Office.

Jeffrey Wogenstahl, Plaintiff, represented by Kimberly S. Rigby , Ohio Public Defender & Randall Lee Porter , Ohio Public Defender Office.

Kevin Scudder, Plaintiff, represented by Gary Wayne Crim , Randall Lee Porter , Ohio Public Defender Office & S. Adele Shank .

Timothy Dunlap, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office & Justin C. Thompson , Federal Public Defender.

Kenneth W Smith, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office & Sharon A. Hicks , Federal Public Defender.

Jonathan Monroe, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office & David C. Stebbins , Federal Public Defenders Office.

Jerome Henderson, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office & Carol Ann Wright , Federal Public Defenders Office.

Romell Broom, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Robert W. Bethel, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

James T Conway, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Donald Ketterer, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Phillip Elmore, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office, William Sheldon Lazarow & Kathleen McGarry .

James O'Neal, Plaintiff, represented by Lawrence Joseph Greger , Greger Law Office, Randall Lee Porter , Ohio Public Defender Office & S. Adele Shank .

Ahmad Fawzi Issa, Plaintiff, represented by Lawrence Joseph Greger , Greger Law Office, Randall Lee Porter , Ohio Public Defender Office & S. Adele Shank .

Gregory Lott, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office, Stephen M. Kissinger , Federal Defender Services of Eastern Tennessee, Inc., Dana C. Hansen Chavis , Federal Defender Services of Eastern Tennessee, Inc. & Stephen A. Ferrell , Federal Defender Services of Eastern Tennessee, Inc..

Gregory Esparza, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Alan C. Rossman , Federal Public Defender, Carol Ann Wright , Federal Public Defenders Office, Jeffry F. Kelleher , Jeffry F. Kelleher & Assoc., Lori Riga & Vicki Ruth Adams Werneke , Federal Public Defender, Northern District of Ohio.

Elwood Jones, Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Randall Lee Porter , Ohio Public Defender Office, Carol Ann Wright , Federal Public Defenders Office & Erin Gallagher Barnhart , Federal Public Defender for the Southern District of Ohio.

David Allen, Plaintiff, represented by John Ricotta , Randall Lee Porter , Ohio Public Defender Office & Henry J. Hilow , Assistant Prosecuting Attorney.

Wayne Powell, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office & Tyson L. Fleming , Office of the Ohio Public Defender.

Lamont Hunter, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office, Erin Gallagher Barnhart , Federal Public Defender for the Southern District of Ohio, Kimberly S. Rigby , Ohio Public Defender & Pamela J. Prude-Smithers .

Anthony Kirkland, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Gregory Osie, Plaintiff, represented by Randall Lee Porter , Ohio Public Defender Office.

Hersie Wesson, Plaintiff, represented by Rachel Troutman , Ohio Public Defender & Randall Lee Porter , Ohio Public Defender Office.

James Frazier, Plaintiff, represented by David L. Doughten .

Timothy Hoffner, Plaintiff, represented by David L. Doughten .

Michael Dean Scott, Plaintiff, represented by David L. Doughten .

Michael D Webb, Intervenor Plaintiff, represented by Allen L. Bohnert , Office of the Federal Public Defender, Kimberly S. Rigby , Ohio Public Defender, Carol Ann Wright , Federal Public Defenders Office & Randall Lee Porter , Ohio Public Defender Office.

Gerald Robert Hand, Intervenor Plaintiff, represented by Jennifer M. Kinsley , The Law Office of Jennifer Kinsley.

Gregory Lott, Intervenor Plaintiff, represented by Dana C. Hansen Chavis , Federal Defender Services of Eastern Tennessee, Inc., Stephen A. Ferrell , Federal Defender Services of Eastern Tennessee, Inc. & Stephen M. Kissinger , Federal Defender Services of Eastern Tennessee, Inc..

John Kasich, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General, Charles L. Wille , Office of the Ohio Attorney General, David M. Henry , State of Ohio Office of the Attorney General, Jocelyn K. Lowe , Ohio Attorney General's Office & Katherine E. Mullin , Ohio Attorney General's Office.

Gary C Mohr, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General, Charles L. Wille , Office of the Ohio Attorney General, David M. Henry , State of Ohio Office of the Attorney General, Jocelyn K. Lowe , Ohio Attorney General's Office & Katherine E. Mullin , Ohio Attorney General's Office.

Donald Morgan, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General, Charles L. Wille , Office of the Ohio Attorney General, David M. Henry , State of Ohio Office of the Attorney General, Jocelyn K. Lowe , Ohio Attorney General's Office & Katherine E. Mullin , Ohio Attorney General's Office.

Anonymous Execution Team Members 1-50, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General.

Anonymous Execution Team Members, Defendant, represented by Charles L. Wille , Office of the Ohio Attorney General, David M. Henry , State of Ohio Office of the Attorney General, Jocelyn K. Lowe , Ohio Attorney General's Office & Katherine E. Mullin , Ohio Attorney General's Office.

Charles Bradley, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General & Katherine E. Mullin , Ohio Attorney General's Office.

John Does, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General.

Stephen Gray, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General & Katherine E. Mullin , Ohio Attorney General's Office.

Warden Charlotte Jenkins, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General & Katherine E. Mullin , Ohio Attorney General's Office.

Christopher LaRose, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General & Katherine E. Mullin , Ohio Attorney General's Office.

Richard Theodore, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General & Katherine E. Mullin , Ohio Attorney General's Office.

Edwin Voorhies, Defendant, represented by Thomas E. Madden , Office of the Ohio Attorney General & Katherine E. Mullin , Ohio Attorney General's Office.

Executive Director Steven Schierholt, Movant, represented by Charissa Diane Payer & Jeffrey Jarosch , Office of Ohio Attorney General Mike DeWine.


CORRECTED DECISION AND ORDER DENYING MOTION TO STAY

This capital § 1983 case is before the Court on Defendants' Motion (ECF No. 967) to Stay the Court's Decision and Order Granting in Part and Denying in Part Plaintiffs' Motions for Preliminary Injunction (ECF No. 948)("Preliminary Injunction Order...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases