Civil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
In an action challenging the constitutionality of Arkansas's protocol for execution by lethal injection, summary judgment for defendants is affirmed where: 1) plaintiffs' evidence of previous executions did not establish that the Arkansas protocol created a substantial risk of serious harm that the inmates would remain conscious after the administration of sodium pentothal; 2) plaintiffs failed to establish a genuine issue of material fact about whether the state planned to use intracardiac infusion in future executions; and 3) plaintiffs did not show that they faced a substantial risk of serious harm from the placement of central venous lines by unqualified state personnel.
Read Nooner v. Norris, No. 08-2978
Appellate Information
Argued: November 13, 2009
Decided: February 8, 2010
Judges
Opinion by Judge Gruender