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LOPEZ v. BREWER

No. 12-16084.

680 F.3d 1068 (2012)

Samuel Villegas LOPEZ, Plaintiff-Appellant, 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, named as: Lance Hetmer/Warden, Arizona Department of Corrections-Florence; Unknown Parties, named as: 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 May 15, 2012.

Attorney(s) appearing for the Case

Dale A. Baich , Robin C. Konrad , Cary S. Sandman , and Jon M. Sands , Federal Public Defender's Office, Phoenix, AZ; Amanda R. Conley , David Sepanik , and Flora Vigo, O'Melveny & Myers LLP, San Francisco, CA; Denise I. Yong , Tucson, AZ; Kelley J. Henry and Henry A. Martin , Federal Public Defender's Office, Nashville, TN, for plaintiffs-appellants.

Kent Ernest Cattani , Thomas C. Horne , and Jeffrey A. Zick , Arizona Attorney General's Office, Phoenix, AZ, for defendant-appellees.

Opinion by Judge McKEOWN; Partial Concurrence and Partial Dissent by Judge BERZON.

OPINION

McKEOWN, Circuit Judge:

We embark upon this opinion with deja vu, the feeling that we have been here before, but with the knowledge that we will likely be here again. We have entertained, usually at the last minute, a number of challenges to Arizona's execution protocol. No court has determined the constitutionality of Arizona's current death penalty protocol, adopted in January 2012, yet we have been asked to address individual provisions of the...

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