PIZZUTO v. TEWALT

No. 20-36044.

997 F.3d 893 (2021)

Gerald Ross PIZZUTO, Jr.; Thomas E. Creech, Plaintiffs-Appellants, v. Josh TEWALT, Director, Idaho Department of Correction, in his official capacity; Chad Page, Chief, Division of Prisons, Idaho Department of Correction, in his official capacity; Tyrell Davis, Warden Maximum Security Institution; Unknown Employees, Agents, or Contractors of the Idaho Department of Correction, in their official capacities, Defendants-Appellees, and Brad Little, Idaho State Governor, in his official capacity, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed May 12, 2021.


Attorney(s) appearing for the Case

Chelsea Dal Corso (argued), DLA Piper LLP (US), Los Angeles, California; Stanley J. Panikowski , DLA Piper LLP (US), San Diego, California; Amanda Laufer Camelotto , DLA Piper LLP (US), Short Hills, New Jersey; Sarah E. Kalman , DLA Piper LLP (US), Philadelphia, Pennsylvania; Charles Peterson , Executive Director; Jonah J. Horwitz , Christopher M. Sanchez , and Miles Pope , Assistant Federal Defenders; Federal Defenders Services of Idaho, Boise, Idaho; for Plaintiffs-Appellants.

Oscar Klaas (argued) and Mark A. Kubinski , Deputy Attorneys General; Lawrence G. Wasden , Attorney General; Idaho Department of Correction, Boise, Idaho; for Defendants-Appellees.

Opinion by Judge Bennett; Partial Concurrence and Partial Dissent by Judge Gould.


OPINION

Plaintiffs Gerald Pizzuto and Thomas Creech, two prisoners on Idaho's death row, seek information concerning Idaho's execution procedures. They do not in this action claim that their execution will be unconstitutional; rather, they claim that the deprivation of information itself constitutes a violation...

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