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ATWOOD v. SHINN

No. 22-15821.

36 F.4th 901 (2022)

Frank Jarvis ATWOOD, Plaintiff-Appellant, v. David SHINN, Director, Arizona Department of Corrections, Rehabilitation & Reentry; James Kimble, Warden, ASPC-Eyman; Jeffrey Van Winkle, Warden, ASPC-Florence; Lance Hetmer, Assistant Director for Prison Operations, Arizona Department of Corrections, Rehabilitation & Reentry; Mark Brnovich, Attorney General, Attorney General of Arizona; Unknown Party, Named as John Doe-Arizona-Licensed Pharmacist, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2022.

Attorney(s) appearing for the Case

Joseph J. Perkovich (argued), Phillips Black Inc., New York, New York; Amy P. Knight , Knight Law Firm PC, Tucson, Arizona; for Plaintiff-Appellant.

Jeffrey L. Sparks (argued), Section Chief of Capital Litigation; Laura P. Chiasson and Ginger Jarvis , Assistant Attorneys General, Capital Litigation Section; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Defendants-Appellees.

Emily Skinner , Arizona Capital Representation Project, Phoenix, Arizona; Jared G. Keenan , ACLU Foundation of Arizona, Phoenix, Arizona; Brian W. Stull , American Civil Liberties Union, Durham, North Carolina; for Amici Curiae ACLU Capital Punishment Project, ACLU Foundation of Arizona, and Arizona Capital Representation Project.

Before: M. Margaret McKeown, Consuelo M. Callahan, and Sandra S. Ikuta, Circuit Judges.

OPINION

Frank Atwood is scheduled to be executed in Arizona on Wednesday, June 8, 2022. On May 19, 2022, he sued various Arizona Department of Corrections, Rehabilitation & Reentry ("ADCRR") officials and the Arizona Attorney General, Mark Brnovich, (collectively "Defendants") challenging Defendants' proposed protocol for his...

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