In an appeal brought by a class of inmates challenging the constitutionality of Delaware's new capital punishment by lethal injection, district court's grant of summary judgment is affirmed and the stay dissolved as, under Baze, an execution protocol that does not present a substantial risk of serious harm passes constitutional muster and, on the record, Delaware's protocol presents no such risk.
On Appeal from the United States District Court for the District of Delaware
Opinion Filed February 1, 2010
Opinion by Circuit Judge Fisher
For Appellee: Elizabeth R. McFarlan, Loren C. Meyers, Marc P. Niedzielski, Gregory E. Smith. Department of Justice