Case: Beardslee v. Woodford

5:04-cv-05381 | U.S. District Court for the Northern District of California

Filed Date: Dec. 20, 2004

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On December 20, 2004, and inmate at the California State Prison at San Quentin filed a lawsuit under 42 U.S.C. Section 1983 against the California Department of Corrections in the U.S. District Court for the District of California. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendment righ…

On December 20, 2004, and inmate at the California State Prison at San Quentin filed a lawsuit under 42 U.S.C. Section 1983 against the California Department of Corrections in the U.S. District Court for the District of California. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendment right to be free from cruel and unusual punishment.

On January 7, 2005, the U.S. District Court for the Northern District of California (Judge Jeremy Fogel) denied the plaintiff the requested relief, holding that he brought the lawsuit in order to unnecessarily delay the execution. Beardslee v. Woodford, No. 04-5381, 2005 WL 40073. The plaintiff appealed. On January 14, 2005, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's decision and denied the plaintiff's request for a stay of execution, finding that the inmate had failed to establish a likelihood that he would be conscious during administration of the lethal drugs. Beardslee v. Woodford, 395 F.3d 1064 (9th Cir. 2005). The plaintiff appealed. On January 18, 2005, the U.S. Supreme Court declined the petition for certiorari. Beardslee v. Woodford, 543 U.S. 1096 (2005).

Donald J. Beardslee was executed on January 19, 2005 by lethal injection.

Summary Authors

Kristen Sagar (8/27/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4180031/parties/beardslee-v-woodford/

Judge(s)

Fogel, Jeremy D. (California)

O'Connor, Sandra Day (District of Columbia)

Attorneys(s) for Plaintiff

Lubliner, Steven Samuel (California)

Attorneys(s) for Defendant

Anderson, Robert R. (California)

Engler , Gerald A. (California)

Gillette , Dane R. (California)

Lockyer, Bill (California)

Matthais, Ronald Stephen (California)

Judge(s)

Fogel, Jeremy D. (California)

O'Connor, Sandra Day (District of Columbia)

Attorneys(s) for Plaintiff

Lubliner, Steven Samuel (California)

Attorneys(s) for Defendant

Anderson, Robert R. (California)

Engler , Gerald A. (California)

Gillette , Dane R. (California)

Lockyer, Bill (California)

Matthais, Ronald Stephen (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket

Oct. 11, 2005 Docket
1

Complaint

Dec. 20, 2004 Complaint
23

Order Denying Motions for Temporary Restraining Order and Preliminary Injunction and for Expedited Discovery

2005 WL 40073

Jan. 7, 2005 Order/Opinion

Appeal

U. S. Court of Appeals for the Ninth Circuit

395 F.3d 1064

Jan. 14, 2005 Order/Opinion

Appeal

Supreme Court of the United States

543 U.S. 1096

Jan. 18, 2005 Order/Opinion

Resources

Title Description External URL

Beardslee v. Woodford

ACLU

An appeal was filed to halt the execution of Donald Beardslee, arguing that one of the drugs used in the procedure, Pavulon, would paralyze and leave him unable to signal if he was in pain, violating… Jan. 11, 2005 https://www.aclunc.org/our-work/legal-docket/beardslee-v-woodford

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4180031/beardslee-v-woodford/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT (Summons Issued); against Jeanne Woodford, Jill L. Brown ( Filing fee $ 150, receipt number 3367267.). Filed byDonald J. Beardslee. (ys, COURT STAFF) (Filed on 12/20/2004) Additional attachment(s) added on 1/6/2005 (gm, COURT STAFF). (Entered: 12/21/2004)

Dec. 20, 2004 RECAP
9

ORDER RELATING CASE to C04-436 JF. Signed by Judge Susan Illston on 12/20/04. Case remains with Judge Fogel(db, COURT STAFF) (Filed on 12/20/2004) (Entered: 12/21/2004)

Dec. 20, 2004 PACER
2

MOTION for Expedited Discovery, MOTION to Compel Production of Documents filed by Petitioner Donald J. Beardslee. (db, COURT STAFF) (Filed on 12/20/2004) Additional attachment(s) added on 1/6/2005 (gm, COURT STAFF). (Entered: 12/21/2004)

Dec. 20, 2004 PACER
3

Declaration of Steven S. Lubliner in Support of 2 MOTION for Expedited Discovery MOTION to Compel Production of Documents filed by PetitionerDonald J. Beardslee. (Related document(s) 2 ) (db, COURT STAFF) (Filed on 12/20/2004) Additional attachment(s) added on 1/6/2005 (gm, COURT STAFF). (Entered: 12/21/2004)

Dec. 20, 2004 RECAP
4

Administrative Application to file oversized motion for temporary restraining order: Preliminary injunction and order to show cause by petitioner Donald J. Beardslee. (db, COURT STAFF) (Filed on 12/20/2004) (Entered: 12/21/2004)

Dec. 20, 2004 PACER
5

EXHIBITs in support of plaintiff's motion for temporary restraining roder, preliminary injunction and order to show cause: Volume 1 by petitioner Donald J. Beardslee.. (db, COURT STAFF) (Filed on 12/20/2004) Additional attachment(s) added on 1/6/2005 (gm, COURT STAFF). Additional attachment(s) added on 1/6/2005 (gm, COURT STAFF). (Entered: 12/21/2004)

1 Exhibit B

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2 Exhibit C-G

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3 Exhibit H

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4

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5 Exhibit L-Q

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6 Exhibit R

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7 Exhibit S-T

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Dec. 20, 2004 RECAP
6

EXHIBITS in support of plaintiff's motion for temporary restraining order, preliminary injunction and order to show cause: Volume 2 by Plaintiff Donald J. Beardslee.. (db, COURT STAFF) (Filed on 12/20/2004) Additional attachment(s) added on 1/6/2005 (gm, COURT STAFF). Additional attachment(s) added on 1/6/2005 (gm, COURT STAFF). (Entered: 12/21/2004)

1 Exhibit U page 42-85

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2 Exhibit U page 86-129

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3 Exhibit U page 130-188

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Dec. 20, 2004 PACER
7

ORDER granting plaintiff's administrative application to file oversized motion for temporary restraining order: Preliminary Injunction: and Order to Show Cause re (Received Document) filed by Plaintiff Donald J. Beardslee, (db, COURT STAFF) (Filed on 12/21/2004) (Entered: 12/21/2004)

Dec. 21, 2004 PACER
10

ORDER scheduling briefing and hearing; setting hearing on 1/6/05 at 1:30 p.m.(Although petitioner is not registered for e.filing, this order was e.mailed directly to him by the death penalty clerk.). Signed by Judge Illston on 12/21/04. (ts, COURT STAFF) (Filed on 12/21/2004) (Entered: 12/21/2004)

Dec. 21, 2004 PACER
8

MOTION for Preliminary Injunction, MOTION for Order to Show Cause, MOTION for Temporary Restraining Order. Memo of points and authorities in support thereof, filed plaintiff by Donald J. Beardslee. (db, COURT STAFF) (Filed on 12/21/2004) Additional attachment(s) added on 1/6/2005 (gm, COURT STAFF). (Entered: 12/21/2004)

Dec. 21, 2004 RECAP
11

Scheduling ORDER (corrected). Signed by Judge Illston on 12/21/04. (ts, COURT STAFF) (Filed on 12/21/2004) (Entered: 12/21/2004)

Dec. 21, 2004 PACER
12

scheduling ORDER; setting preliminary injuction hearing on 1/6/05 @ 10:30 a.m.. Signed by Judge Illston on 12/22/04. (ts, COURT STAFF) (Filed on 12/23/2004) (Entered: 12/23/2004)

Dec. 23, 2004 PACER
13

Memorandum in Opposition DEFENDANTS' OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed byJeanne Woodford. (Gillette, Dane) (Filed on 12/28/2004) (Entered: 12/28/2004)

Dec. 28, 2004 PACER
14

EXHIBITS IN SUPPORT OF DEFENDANTS' OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION filed byJeanne Woodford. (Gillette, Dane) (Filed on 12/28/2004) (Entered: 12/28/2004)

Dec. 28, 2004 PACER
15

Reply to Opposition re 8 MOTION for Preliminary Injunction MOTION for Order to Show Cause MOTION for Temporary Restraining Order filed byDonald J. Beardslee. (Lubliner, Steven) (Filed on 12/30/2004) (Entered: 12/30/2004)

Dec. 30, 2004 RECAP
16

CERTIFICATE OF SERVICE by Donald J. Beardslee re 1 Complaint (defendant Brown) (Lubliner, Steven) (Filed on 1/1/2005) (Entered: 01/01/2005)

Jan. 1, 2005 PACER
17

CERTIFICATE OF SERVICE by Donald J. Beardslee re 1 Complaint (defendant Woodford) (Lubliner, Steven) (Filed on 1/1/2005) (Entered: 01/01/2005)

Jan. 1, 2005 PACER
18

NOTICE of Appearance by Dane R. Gillette Notice Of Appearance As Counsel (Gillette, Dane) (Filed on 1/3/2005) (Entered: 01/03/2005)

Jan. 3, 2005 PACER
19

EXHIBITS Supplemental Exhibit In Support Of Defendants' Opposition To Motion For Temporary Restraining Order And Preliminary Injunction filed byJeanne Woodford, Jill L. Brown. (Attachments: # 1 Exhibit 7)(Gillette, Dane) (Filed on 1/3/2005) (Entered: 01/03/2005)

1 Exhibit 7

View on PACER

Jan. 3, 2005 PACER
20

Minute Entry: Application for Temporary Restraining Order/or Preliminary Injunction hearing held on 1/6/2005 before Judge Jeremy Fogel (Date Filed: 1/6/2005). Application for Temporary Restraining Order/or Preliminary Injunction is taken under submission. (Court Reporter Peter Torreano.) (dlm, COURT STAFF) (Date Filed: 1/6/2005) (Entered: 01/06/2005)

Jan. 6, 2005 PACER
21

TRANSCRIPT of Proceedings held on 1/6/2005 before Judge Jeremy Fogel. Court Reporter: Peter Torreano.. (gm, COURT STAFF) (Filed on 1/6/2005) (Entered: 01/07/2005)

Jan. 6, 2005 PACER
23

ORDER DENYING MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND FOR EXPEDITED DISCOVERY. Signed by Judge Jeremy Fogel on 1/7/05. (jfsec, COURT STAFF) (Filed on 1/7/2005) (Entered: 01/07/2005)

Jan. 7, 2005 RECAP
24

NOTICE OF APPEAL as to 23 Order by Donald J. Beardslee. Appeal Record due by 2/9/2005. (gm, COURT STAFF) (Filed on 1/10/2005) (Entered: 01/10/2005)

Jan. 10, 2005 PACER
25

MOTION for Leave to Appeal in forma pauperis filed by Donald J. Beardslee. (gm, COURT STAFF) (Filed on 1/10/2005) (Entered: 01/10/2005)

Jan. 10, 2005 PACER
26

Declaration of Steven S. Lubliner in Support of 25 MOTION for Leave to Appeal in forma pauperis filed byDonald J. Beardslee. (Related document(s) 25 ) (gm, COURT STAFF) (Filed on 1/10/2005) (Entered: 01/10/2005)

Jan. 10, 2005 PACER
27

CERTIFICATE OF SERVICE by Donald J. Beardslee re 24 Notice of Appeal,, 25 MOTION for Leave to Appeal in forma pauperis, 26 Declaration in Support (gm, COURT STAFF) (Filed on 1/10/2005) (Entered: 01/10/2005)

Jan. 10, 2005 PACER
28

ORDER by Judge Jeremy Fogel granting 25 Motion for Leave to Appeal in forma pauperis (gm, COURT STAFF) (Filed on 1/13/2005) (Entered: 01/19/2005)

Jan. 13, 2005 PACER
29

USCA Order

June 10, 2019 PACER

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Dec. 20, 2004

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A death-sentenced prisoner under the supervision of the California Department of Corrections alleging that his execution pursuant to California's lethal injection protocol would violate his constitutional rights

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General