DICKENS v. BREWER

No. 09-16539.

631 F.3d 1139 (2011)

Gregory Scott DICKENS; Donald Edward Beaty; Charles M. Hedlund; Robert Wayne Murray; Theodore Washington; Todd Smith, Plaintiffs-Appellants, v. Janice K. BREWER; Carson McWilliams, Warden, ASPF; Robert Stewart, Warden, ASPCE; Unknown Executioners, in their official capacities as Employees, Contractors and/or Agents of the ADC; Charles L. Ryan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2011.


Attorney(s) appearing for the Case

Steven A. Rosenstein and Allen W. Burton , O'Melveny & Myers LLP, New York, NY; Jon M. Sands , Robin C. Konrad and Dale A. Baich , Federal Public Defenders, Phoenix, AZ, for the plaintiffs-appellants.

Kent E. Cattani and Jeffrey A. Zick , Arizona Attorney General's Office, Phoenix, AZ, for the defendant-appellees.

Before: PROCTER HUG, JR., D.W. NELSON, and M. MARGARET McKEOWN, Circuit Judges.


OPINION

McKEOWN, Circuit Judge:

I. INTRODUCTION

Like most states that impose the death penalty, Arizona uses a three-drug lethal injection protocol. Under the protocol, executions are carried out through the sequential administration of three chemicals—sodium thiopental, pancuronium bromide and potassium chloride. The problems that can arise from the use of such a protocol are well known: if the sodium thiopental is not administered correctly...

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