Civil Rights Litigation Clearinghouse

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

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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 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.

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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

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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 13, 2022

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
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
	CASE DESIGNATED for Electronic Filing. (db, COURT STAFF) (Filed on 12/20/2004) (Entered: 12/21/2004)	Dec. 20, 2004
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
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
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
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
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)	Dec. 20, 2004	RECAP
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)	Dec. 20, 2004
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)	Dec. 20, 2004	PACER
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)	Dec. 20, 2004
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
	Received Plaintiff's Motion for Temporary Restraining Order: Preliminary Injunction, and order to Show Cause: Memo of points and Authorities in support thereof, by Plaintiff Donald J. Beardslee. (db, COURT STAFF) (Filed on 12/20/2004) (Entered: 12/21/2004)	Dec. 20, 2004
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
	Proposed Order re 8 MOTION for Preliminary Injunction MOTION for Order to Show Cause MOTION for Temporary Restraining Order by plaintiff Donald J. Beardslee. (db, COURT STAFF) (Filed on 12/20/2004) (Entered: 12/21/2004)	Dec. 20, 2004
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
	Proposed Order re 2 MOTION for Expedited Discovery MOTION to Compel Production of Documents by plaintiff Donald J. Beardslee. (db, COURT STAFF) (Filed on 12/20/2004) (Entered: 12/21/2004)	Dec. 20, 2004
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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)	Jan. 3, 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
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
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
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)	Jan. 3, 2005
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
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
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
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
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
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
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
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
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
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
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
	Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [24] Notice of Appeal, (gm, COURT STAFF) (Filed on 1/10/2005) (Entered: 01/10/2005)	Jan. 10, 2005
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
	USCA Case Number for [24] Notice of Appeal, filed by Donald J. Beardslee,. (gm, COURT STAFF) (Filed on 1/18/2005) (Entered: 01/19/2005)	Jan. 18, 2005

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):