Chavez v. Florida SP Warden, et al., No. 14-10561 (11th Cir. 2014)
Annotate this CasePlaintiff filed suit claiming that he could experience unnecessary pain when the State of Florida executed him by lethal injection. The court concluded that plaintiff had not established a substantial likelihood of success on the merits of his Eighth Amendment claim that the use of midazolam hydrochloride in Florida's current lethal injection protocol amounted to cruel and unusual punishment. In light of the district court's thorough and detailed credibility determinations and the extensive factual findings that flowed from them, the court concluded that plaintiff has not demonstrated that the use of midazolam in the 2013 Protocol created a substantial risk of serious harm. The court affirmed the district court's order denying a preliminary injunction and denied the motion for stay of execution.
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