Pizzuto v. Tewalt, No. 20-36044 (9th Cir. 2021)
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Plaintiffs, two prisoners on Idaho's death row, filed suit seek information concerning Idaho's execution procedures. Plaintiffs claim that the deprivation of execution-related information itself constitutes a violation of their constitutional and statutory rights under 42 U.S.C. 1983. The district court determined that plaintiffs' claims were unripe because they have ongoing post-conviction litigation, the outcome of which remains uncertain.
The Ninth Circuit reversed and remanded the district court's dismissal of plaintiffs' claims. As to ripeness, Idaho acknowledges that both plaintiffs are close to exhausting their post-conviction appeals and intends to proceed with their executions; plaintiffs claim the state's refusal to provide certain information violates their rights now; and the state has issued a revised execution protocol, from which the court can readily determine now whether plaintiffs' alleged rights, if they exist, have been violated. In these circumstances, the panel concluded that plaintiffs' claims are ripe. Given the unusual timeline of events in this case, the panel must also consider mootness. Because Idaho has now issued a revised Standard Operating Procedure (SOP) that explains the procedures and drugs the state will use, these claims are moot. Applying the ripeness and mootness principles to each of plaintiffs' specific claims, the panel concluded that Claim One, Claim Two, part of Claim Four, part of Claim Five, and Claim Seven are ripe. The panel found the rest moot. Furthermore, the panel lacked jurisdiction over plaintiffs' state law claims.
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