Warner v. Gross, No. 14-6244 (10th Cir. 2015)Annotate this Case
Plaintiffs Charles Warner, Richard Glossip, John Grant, and Benjamin Cole, were all Oklahoma state prisoners convicted of first-degree murder and sentenced to death. These plaintiffs were among a group of twenty-one Oklahoma death-row inmates who filed a 42 U.S.C. 1983 lawsuit challenging the constitutionality of Oklahoma’s lethal injection protocol. Plaintiffs sought a preliminary injunction to prevent their executions until the district court could rule on the merits of their claims. The district court denied their request. Plaintiffs then appealed. Agreeing with the district court that plaintiffs failed to establish a likelihood of success on the merits of their claims, the Tenth Circuit affirmed the district court.