Towery, et al. v. Brewer, et al., No. 12-15381 (9th Cir. 2012)
Annotate this CaseThis appeal under 42 U.S.C. 1983 challenged Arizona's execution protocol, adopted as Order 710 of the Arizona Department of Corrections (ADC) on January 25, 2012. Plaintiffs, death row inmates in Arizona, claimed that ADC's execution protocol violated the Eighth and Fourteenth Amendments. Towery and Moormann, two of the named plaintiffs with impending execution dates, moved the district court for a preliminary injunction against ADC's use of its current lethal injection protocol. The district court denied the preliminary injunction, and Towery and Moormann appealed. On the basis of the protocol approved in Dickens v. Brewer, as well as the State's undertakings as to the upcoming executions, the court affirmed the denial of the preliminary injunction, albeit on different grounds than the district court's denial.
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