IN RE OHIO EXECUTION PROTOCOL LITIGATION

No. 16-3149.

845 F.3d 231 (2016)

IN RE: OHIO EXECUTION PROTOCOL LITIGATION. Angelo Fears, et al., Petitioners-Appellants, v. John Kasich, et al., Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 30, 2016.


Attorney(s) appearing for the Case

ARGUED: Erin G. Barnhart , OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, for Appellants. Charles L. Wille , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees. ON BRIEF: Allen L. Bohnert , OFFICE OF THE FEDERAL PUBLIC DEFENDER FOR THE SOUTHERN DISTRICT OF OHIO, Columbus, Ohio, Randall Porter , Kimberly S. Rigby , Rachel Troutman , OFFICE OF THE OHIO PUBLIC DEFENDER, Columbus, Ohio, Timothy F. Sweeney , LAW OFFICE OF TIMOTHY FARRELL SWEENEY, Cleveland, Ohio, S. Adele Shank , LAW OFFICE OF S. ADELE SHANK, Columbus, Ohio, Lawrence J. Greger , GREGER LAW OFFICE, Dayton, Ohio, Vicki Werneke , FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, Laurence E. Komp , Manchester, Missouri, for Appellants. Charles L. Wille , Thomas Madden , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees.

SILER, J., delivered the opinion of the court in which NORRIS, J., joined. STRANCH, J. (pp. 240-44), delivered a separate dissenting opinion.


OPINION

Plaintiffs are Ohio death-row inmates challenging Ohio's execution protocol and practice. Defendants include Ohio officials as well as anonymous drug manufacturers, compounders, intermediaries, and others involved in Ohio's execution process. Plaintiffs appeal from a district court's entry of a protective...

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