Rhoades v. Reinke, et al., No. 11-35940 (9th Cir. 2011)
Annotate this CasePetitioner appealed from the district court's denial of his emergency motion for preliminary injunction or stay of execution. The district court held that the Idaho Department of Correction (IDOC) had provided appropriate safeguards to ensure that there was not a substantial risk of serious harm to petitioner in the form of severe pain during the administration of the drugs used in Idaho's three-drug lethal injection protocol; that the safeguards were substantially similar to those contained in execution protocols approved by the Supreme Court and by this court; that the IDOC was not required to implement a different, one-drug protocol in this execution; that petitioner would suffer irreparable harm in the absence of preliminary relief; that the equities of the case did not require a different result; and that the public interest favored denial of the request for a stay of the execution. The court concluded that petitioner had not shown that he was entitled to injunctive relief on the merits of his claims and, because he had not shown that he was likely to succeed on the merits, the court need not and did not consider the district court's remaining conclusions. Accordingly, the emergency motion was denied.
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