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CREECH v. TEWALT

No. 22-35069.

84 F.4th 777 (2023)

Thomas E. CREECH, Plaintiff-Appellant, and Gerald Ross Pizzuto, Jr., Plaintiff, 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; Tim Richardson, Warden of the Idaho 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 October 13, 2023.

Attorney(s) appearing for the Case

Sarah E. Kalman (argued), DLA Piper LLP (US), Philadelphia, Pennsylvania; Stanley J. Panikowski, III , DLA Piper LLP (US), San Diego, California; Sean A. Newlan , DLA Piper LLP (US), Phoenix, Arizona; Alice A. Gyamfi , DLA Piper LLP (US), New York, New York; Charles Peterson and Nicole Owens , Executive Directors; Jonah J. Horwitz and Christopher M. Sanchez , Assistant Federal Defenders; Federal Defender Services of Idaho, Boise, Idaho; William M. Pope , Assistant Federal Public Defender, Federal Public Defender's Office, (Eastern Washington and Idaho), Spokane, Washington; for Plaintiff-Appellant.

Theodore J. Wold (argued) , Solicitor General; Mark Kubinski , Deputy Assistant Attorney General; Kristina M. Schindele , Acting Assistant Attorney General; Lawrence G. Wasden , Idaho Attorney General; Idaho Attorney General's Office, Boise, Idaho; for Defendants-Appellees.

Before: Ronald M. Gould, Johnnie B. Rawlinson, and Mark J. Bennett, Circuit Judges.

OPINION

Plaintiff Thomas Creech is an Idaho prisoner facing execution by lethal injection. In this action, he challenges Idaho's execution practices, including the State's alleged failure to timely disclose information about the drugs and procedures to be used during an execution. He alleges that these practices...

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