Lopez v. Brewer, et al., No. 12-16084 (9th Cir. 2012)

Arizona death-row inmates brought this action under 42 U.S.C. 1983, asserting that the Arizona Department of Corrections' (ADC) execution protocol violated the Eighth Amendment. Lopez, one of the named plaintiffs with an impending execution date, moved the district court for a preliminary injunction against the ADC's use of its current lethal injection protocol. The district court denied relief and Lopez appealed. The court held that the district court did not abuse its discretion in denying the injunction and that Lopez's emergency motion for a stay of execution was denied for the same reason. Accordingly, the court affirmed the judgment and denied the motion for stay of execution.