Arkansas Department of Correction v. Shults (Majority, with Concurring and Dissenting)Annotate this Case
The Supreme Court affirmed in part and reversed and remanded in part the circuit court’s order requiring the Arkansas Department of Correction (ADC) to provide Steven Shults with the pharmaceutical package inserts and labels for its supply of midazolam, one of the drugs in the State’s execution protocol.
Shults filed a complaint against the ADC after it refused to provide him with public records pertaining to the State’s supply of midazolam pursuant to his Arkansas Freedom of Information Act request. The ADC refused to disclose the package inserts or labels for the midazolam, arguing that these documents could be used to identify the sellers or suppliers of the drug in violation of the Method of Execution Act (MEA), Ark. Code Ann. 5-4-617. On appeal, the Supreme Court held (1) the circuit court correctly determined that the identity of drug manufacturers is not protected under the confidentiality provisions of section 5-4-617; but (2) the circuit court erred in requiring disclosure of the unredacted records, as certain information was confidential under section 5-4-617(j). The court remanded the case for the circuit court to determine which information must be redacted on the midazolam labels and/or package inserts at issue.