Arkansas Department of Correction v. Shults (Majority, with Concurring and Dissenting)Annotate this Case
The Supreme Court affirmed in part and reversed in part the order of the circuit court requiring the Arkansas Department of Correction (ADC) to provide Plaintiff, an Arkansas resident and attorney, with the pharmaceutical package inserts and labels for its supply of potassium chloride, one of the drugs in the State’s execution protocol. In so ordering, the circuit court held that the General Assembly did not intend to protect the identity of manufacturers of drugs used in the ADC’s lethal-injection protocol. On appeal, the Supreme Court held (1) the circuit court correctly found that the identity of drug manufacturers is not protected under the confidentiality provisions of Ark. Code Ann. 5-4-617; but (2) the ADC is still required to redact certain information such as lot, batch, and/or control numbers that could lead to the identification of other sellers and suppliers in the chain of distribution.