WHITAKER v. LIVINGSTON

No. 13-70031.

732 F.3d 465 (2013)

Thomas WHITAKER; Perry Williams; Michael John Yowell, Plaintiffs-Appellants, v. Brad LIVINGSTON, Executive Director of the Texas Department of Criminal Justice; William Stephens, Director, Texas Department of Criminal Justice, Correctional Institutions Division; James Jones; Executioners Unknown, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 8, 2013.


Attorney(s) appearing for the Case

Maurie Levin Philadelphia, PA, Bobbie Leigh Stratton , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., Houston, TX, for Plaintiffs-Appellants.

Katherine Diane Hayes , Assistant Attorney General, Office of the Attorney General Adam Warren Aston , Office of the Attorney General for the State of Texas, Edward Larry Marshall , Office of the Attorney General, Austin, TX, for Defendants-Appellees.

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.


PER CURIAM:

Plaintiffs Thomas Whitaker, Perry Williams, and Michael Yowell appeal the denial of a motion for preliminary injunction to restrain the defendant state officials from conducting executions with pentobarbital procured from compounding pharmacies. The plaintiffs raise claims under the Eighth and Fourteenth Amendments, under the Supremacy Clause, and based on an access-to-the-courts argument. Yowell is scheduled for execution on October 9, 2013.

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