Case: Baker v. Saar

1:05-cv-03207 | U.S. District Court for the District of Maryland

Filed Date: Nov. 28, 2005

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On November 28, 2005, a death-sentenced prisoner at the Maryland Correctional Adjustment Center in Baltimore, Maryland filed a lawsuit under 42 U.S.C. § 1983 and Maryland state law against the Maryland Department of Correction in the Circuit Court for Baltimore City, Maryland. The plaintiff asked the court for declaratory and injunctive relief, alleging that the defendants' lethal injection procedures violated his rights because it required the administration of chemicals not authorized by stat…

On November 28, 2005, a death-sentenced prisoner at the Maryland Correctional Adjustment Center in Baltimore, Maryland filed a lawsuit under 42 U.S.C. § 1983 and Maryland state law against the Maryland Department of Correction in the Circuit Court for Baltimore City, Maryland. The plaintiff asked the court for declaratory and injunctive relief, alleging that the defendants' lethal injection procedures violated his rights because it required the administration of chemicals not authorized by statute and because they do not require a continuous intravenous administration of a short acting barbiturate. The plaintiff alleges that this lack created a substantial likelihood that he would be subjected to torture in violation of the Eighth Amendment's prohibition of cruel and unusual punishment. He further alleged that the defendants had failed to follow Maryland law (Md. Code Ann., State Gov't §3-905) in adopting their execution protocol because it had not been formally adopted under the Maryland Administrative Procedure Act (MAPA), thereby depriving the state's citizens of the opportunity to ensure that executions were carried out in a proper and humane manner and increasing the risk that executed prisoners would suffer unnecessarily during their executions.

The day after the complaint was filed, the defendants filed a motion for removal of the case to the U.S. District Court for the District of Maryland pursuant to 28 U.S.C. §§1441 and 1446. On November 30, 2005, the plaintiff asked the court to remand the case back to the state court, arguing that the case "touches a sensitive area of social policy upon which the federal courts ought not to enter unless no alternative to its adjudication is open."

On December 1, 2005, the District Court (Judge William D. Quarles, Jr.) denied the plaintiff's motion to stay the execution, finding that the plaintiff raised this complaint merely to delay his execution and that the plaintiff was not harmed by any procedural defect in the adoption of the lethal injection protocol because such a defect did not lead to adoption of a cruel and unusual means of executing him. The court also denied the plaintiff's motion to remand the case back to the state court, finding that the gravamen of the complaint - that the state's execution protocol is cruel and unusual punishment - favors adjudication in the federal courts.

On December 2, 2005, the plaintiff filed a motion asking the District Court to dismiss the complaint that he had filed, and the court granted the motion to dismiss in a paperless order on the same day.

 

Summary Authors

Kristen Sagar (9/4/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4633984/parties/baker-v-saar/


Judge(s)

Quarles, William D. Jr. (Maryland)

Attorneys(s) for Plaintiff

Christopher, Gary W. (Maryland)

Draper, Franklin W. (Maryland)

Lawlor, Michael Edward (Maryland)

Proctor, Gary Edward (Maryland)

Tetrault, Joseph B (Maryland)

Attorneys(s) for Defendant

Curran, John Joseph Jr. (Maryland)

Oakley, Scott S (Maryland)

Pickus, Philip M. (Maryland)

Judge(s)

Quarles, William D. Jr. (Maryland)

Attorneys(s) for Plaintiff

Christopher, Gary W. (Maryland)

Draper, Franklin W. (Maryland)

Lawlor, Michael Edward (Maryland)

Proctor, Gary Edward (Maryland)

Tetrault, Joseph B (Maryland)

Attorneys(s) for Defendant

Curran, John Joseph Jr. (Maryland)

Oakley, Scott S (Maryland)

Pickus, Philip M. (Maryland)

Documents in the Clearinghouse

Document

1:05-cv-03207

Docket [PACER]

Dec. 2, 2005

Dec. 2, 2005

Docket
1

1:05-cv-03207

Notice of Removal

Nov. 29, 2005

Nov. 29, 2005

Pleading / Motion / Brief
2

1:05-cv-03207

Complaint

Nov. 29, 2005

Nov. 29, 2005

Complaint
12

1:05-cv-03207

Motion to Remand to State Court

Nov. 30, 2005

Nov. 30, 2005

Pleading / Motion / Brief
13

1:05-cv-03207

Defendant's Memorandum in Opposition to Plaintiff's Motion for Temporary Injunction

Nov. 30, 2005

Nov. 30, 2005

Pleading / Motion / Brief
23

1:05-cv-03207

Opinion

402 F.Supp.2d 606

Dec. 1, 2005

Dec. 1, 2005

Order/Opinion
26

1:05-cv-03207

Stipulation of Dismissal

Dec. 2, 2005

Dec. 2, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4633984/baker-v-saar/

Last updated Aug. 1, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by Gary Hornbaker, Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson from Circuit Court for Baltimore City, Maryland, case number 24-C-010379. (Filing fee $ 250 receipt number 139527), filed by Gary Hornbaker, Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson. (Attachments: # 1 Civil Cover Sheet)(raf, Deputy Clerk) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

2

COMPLAINT against Gary Hornbaker, Unknown Executioners, Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson , filed by Wesley Eugene Baker. (Attachments: # 1 Memorandum in Support# 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7)(raf, Deputy Clerk) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

3

MOTION for Temporary Injunction by Wesley Eugene Baker. (Attachments: # 1 Text of Proposed Order)(raf, Deputy Clerk) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

4

MOTION for Production of Documents and Things by Wesley Eugene Baker. (raf, Deputy Clerk) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

THE ABOVE PLEADINGS 2-4 ARE COPIES FILED IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND (raf, Deputy Clerk) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

5

FILED IN ERROR-STANDING ORDER re: Removal. Signed by Judge William D Quarles Jr. on 11/29/05. (raf, Deputy Clerk) Modified on 11/29/2005 (raf, Deputy Clerk). (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

7

NOTICE of Appearance by Franklin W Draper on behalf of Wesley Eugene Baker (Draper, Franklin) (Entered: 11/29/2005)

Nov. 29, 2005

Nov. 29, 2005

8

ORDER DIRECTING counsel for the Defendants to hand-deliver to Chambers by 3:30p.m. today a copy of the complete execution protocol to be used in Mr. Baker's case as therein set forth. Signed by Judge William D Quarles Jr. on 11/30/05. (mcb, Deputy Clerk) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

9

(FILED IN ERROR - WILL REFILE) NOTICE of Appearance by Phillip Michael Pickus on behalf of Gary Hornbaker, Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson (Pickus, Phillip) Modified on 11/30/2005 (mcb, Deputy Clerk). (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

10

NOTICE of Appearance by Phillip Michael Pickus on behalf of Gary Hornbaker, Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson (Pickus, Phillip) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

11

ORDER DIRECTING counsel to file their answers to the questions addressed in this Order by 8:30a.m. on Thursday, December 1, 2005. Signed by Judge William D Quarles Jr. on 11/30/05. (mcb, Deputy Clerk) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

12

MOTION to Remand to State Court by Wesley Eugene Baker. Responses due by 12/19/2005 (Christopher, Gary) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

13

RESPONSE in Opposition re 3 MOTION for Permanent Injunction and Preliminary Injunction filed by Gary Hornbaker, Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson. Replies due by 12/14/2005. (Attachments: # 1 Exhibit Exhibit 1 to Memorandum# 2 Exhibit "A" to Dershwitz Affidavit# 3 Exhibit "B," "C," and "D," to Dershwitz Affidavit# 4 Exhibit "2" to Memorandum)(Oakley, Scott) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

14

MOTION for Gary E. Proctor to Appear Pro Hac Vice by Wesley Eugene Baker. (mcb, Deputy Clerk) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

15

MARGINAL ORDER granting 14 Motion of Plaintiff for Gary E. Proctor to Appear Pro Hac Vice (Fee paid Receipt #14637005763 - for Document #15 see #14). Signed by Judge William D Quarles Jr. on 11/30/05. (mcb, Deputy Clerk) (Entered: 11/30/2005)

Nov. 30, 2005

Nov. 30, 2005

16

STATUS REPORT Answers to Questions by Gary Hornbaker, Mary Ann Saar, Frank C. Sizer, Jr, Lehrman Dotson. (Oakley, Scott) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

17

RESPONSE re 13 Response in Opposition to Motion, filed by Wesley Eugene Baker. (Christopher, Gary) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

18

RESPONSE re 11 Order filed by Wesley Eugene Baker. (Christopher, Gary) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

19

RESPONSE re 11 Order filed by Wesley Eugene Baker. (Christopher, Gary) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

21

NOTICE of Appearance by Joseph B Tetrault on behalf of Wesley Eugene Baker (Tetrault, Joseph) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

22

RESPONSE re 11 Order filed by Wesley Eugene Baker. (Christopher, Gary) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

Motion Hearing held on 12/1/2005 re 3 MOTION for Permanent Injunction filed by Wesley Eugene Baker; Witness and Oral Argument of counsel heard before Judge William D Quarles Jr.. (Court Reporter Martin Giordano.) (rhl, Deputy Clerk) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

24

ORDER denying 3 Motion of Plaintiff for a Temporary Restraining Order and Preliminary Injunction, denying 12 Motion of Plaintiff to Remand to State Court. Signed by Judge William D Quarles Jr. on 12/1/05. (mcb, Deputy Clerk) Modified on 12/1/2005 (mcb, Deputy Clerk). (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

25

Hearing Exhibits. (mcb, Deputy Clerk) (Entered: 12/01/2005)

Dec. 1, 2005

Dec. 1, 2005

26

STIPULATION of Dismissal by Wesley Eugene Baker. (Christopher, Gary) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

27

PAPERLESS ORDER APPROVING 26 Line Dismissing Complaint filed by Wesley Eugene Baker. Signed by Judge William D Quarles Jr. on 12/2/05. (mcb, Deputy Clerk) (Entered: 12/02/2005)

Dec. 2, 2005

Dec. 2, 2005

23

MEMORANDUM OPINION. Signed by Judge William D Quarles Jr. on 12/1/05. (mcb, Deputy Clerk)

Dec. 1, 2005

Dec. 1, 2005

RECAP

Case Details

State / Territory: Maryland

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 28, 2005

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced inmate at the Maryland Correctional Adjustment Center in Baltimore, Maryland

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Maryland Department of Correction, State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

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