Nooner v. Norris, No. 08-2978

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