TOWERY v. BREWER

No. 12-15381.

672 F.3d 650 (2012)

Robert Charles TOWERY; Robert Henry Moormann; Pete Rovogich; Thomas Arnold Kemp; Milo McCormick Stanley; Samuel Villegas Lopez, Plaintiffs-Appellants, v. Janice K. BREWER, Governor of Arizona; Charles L. Ryan, Director, Arizona Department of Corrections; Ron Credio, Warden, Arizona Department of Corrections-Eyman; Lance R. Hetmer, Warden, Arizona Department of Corrections-Florence; Unknown Parties, IV Team Leader; IV Team Members 1-5; Special Operations Team Leader; Special Operations Team Recorder; Special Operations Team Members 1-5; and Does 1-25, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 28, 2012.


Attorney(s) appearing for the Case

Dale A. Baich , Robin C. Konrad and Cary S. Sandman , Federal Public Defender's Office, Phoenix, AZ; David Sepanik and Flora Vigo , O'Melveny & Myers LLP, San Francisco, CA, for plaintiffs-appellants.

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

Before: M. MARGARET McKEOWN, MARSHA S. BERZON, and JOHNNIE B. RAWLINSON, Circuit Judges.


PER CURIAM:

This appeal under 42 U.S.C. § 1983 challenges Arizona's execution protocol, adopted as Order 710 of the Arizona Department of Corrections ("ADC") on January 25, 2012. Robert Charles Towery, Robert Henry Moormann, Pete Rovogich, Thomas Arnold Kemp, Milo McCormick Stanley, and Samuel Villegas Lopez are death row inmates in Arizona who claim that ADC's execution protocol violates the Eighth and Fourteenth Amendments. Towery and Moormann, two of the named...

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