Case: Patton v. Jones

5:06-cv-00591 | U.S. District Court for the Western District of Oklahoma

Filed Date: May 31, 2006

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On May 31, 2006, Eric Allen Patton, a death-sentenced inmate at the Oklahoma State Penitentiary in McAlester, Oklahoma, filed a lawsuit under 42 U.S.C. § 1983 against the Oklahoma Department of Corrections in the U.S. District Court for the Western District of Oklahoma. Patton complained to the Court that the defendants had been misrepresenting the lethal injection process as a peaceful way to induce death, and that in reality, lethal injection was an excrutiatingly painful process, described …

On May 31, 2006, Eric Allen Patton, a death-sentenced inmate at the Oklahoma State Penitentiary in McAlester, Oklahoma, filed a lawsuit under 42 U.S.C. § 1983 against the Oklahoma Department of Corrections in the U.S. District Court for the Western District of Oklahoma. Patton complained to the Court that the defendants had been misrepresenting the lethal injection process as a peaceful way to induce death, and that in reality, lethal injection was an excrutiatingly painful process, described by witnesses as "overwhelming, stunning, and disturbing." Patton alleged that the reason lethal injection was so painful was because the state used an "ultrashort-acting barbiturate in combination with a chemical paralytic agent," and he claimed that the anesthesia used during the lethal injection process would wear off, allowing him to feel torturous pain that he could not express due to the use of the paralytic agent, which would leave him conscious but unable to move or breathe. He asked the Court to enjoin the defendants from using their lethal injection protocol during his execution, and to declare that their protocol was unconstitutional.

On July 13, 2006, the defendants asked the District Court to dismiss Patton's claim, arguing that he had already brought this same claim in a previous lawsuit, and that he was therefore barred from relitigating the issue. On August 4, 2006, the District Court (Judge Stephen P. Friot) refused to dismiss the case and denied the defendants' motion, finding that the plaintiff's previous lawsuit was different enough to allow him to bring this lawsuit separately.

Patton, who was scheduled to be executed on August 29, 2006, asked the District Court to stay his execution while the lawsuit was progressing. The District Court refused to grant the stay of execution or the injunction that he'd asked for, and he appealed. On August 25, 2006, the U.S. Court of Appeals for the Tenth Circuit (Judges Robert Harlan Henry, Mary Beck Briscoe, and Terrence L. O'Brien) affirmed the District Court's decision. The Tenth Circuit denied Patton's request to stay his execution, finding that he had unnecessarily delayed bringing this complaint. Patton v. Jones, 193 Fed.Appx. 785 (10th Cir. Aug 25, 2006).

On August 29, 2006, the U.S. Supreme Court denied the plaintiff's request to hear the case. Patton v. Jones, 165 L.Ed.2d 1008 (2006). Later that day, Eric Allen Patton was executed by lethal injection. The next day, the District Court closed the case.

Summary Authors

Kristen Sagar (9/11/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4690836/parties/patton-v-jones/


Judge(s)

Briscoe, Mary Beck (Kansas)

Friot, Stephen P. (Oklahoma)

Henry, Robert Harlan (Oklahoma)

O'Brien, Terrence L. (Wyoming)

Attorneys(s) for Plaintiff

Braden, Scott W. (Oklahoma)

Earley, William P. (Oklahoma)

Otto, Susan M. (Oklahoma)

Attorneys(s) for Defendant

Mann, Richard Neal (Oklahoma)

Metcalfe, Gregory T. (Oklahoma)

Whittaker, Robert L (Oklahoma)

Judge(s)

Briscoe, Mary Beck (Kansas)

Friot, Stephen P. (Oklahoma)

Henry, Robert Harlan (Oklahoma)

O'Brien, Terrence L. (Wyoming)

Attorneys(s) for Plaintiff

Braden, Scott W. (Oklahoma)

Earley, William P. (Oklahoma)

Otto, Susan M. (Oklahoma)

Attorneys(s) for Defendant

Mann, Richard Neal (Oklahoma)

Metcalfe, Gregory T. (Oklahoma)

Whittaker, Robert L (Oklahoma)

Documents in the Clearinghouse

Document

5:06-cv-00591

Docket [PACER]

Aug. 30, 2006

Aug. 30, 2006

Docket
1

5:06-cv-00591

Complaint

May 31, 2006

May 31, 2006

Complaint
4

5:06-cv-00591

First Amended Complaint

June 5, 2006

June 5, 2006

Complaint
14

5:06-cv-00591

Motion to Dismiss and Brief in Support

July 13, 2006

July 13, 2006

Pleading / Motion / Brief
21

5:06-cv-00591

Order [Denying Motion to Dismiss]

2006 WL 2246441, 2006 U.S.Dist.LEXIS 54429

Aug. 4, 2006

Aug. 4, 2006

Order/Opinion
40

5:06-cv-00591

06-06258

Order and Judgment

U. S. Court of Appeals for the Tenth Circuit

193 Fed.Appx. 785

Aug. 25, 2006

Aug. 25, 2006

Order/Opinion

06-06151

06-00232

Denial of Certiorari

Supreme Court of the United States

548 U.S. 936, 127 S.Ct. 28, 165 L.Ed.2d 1008

Aug. 29, 2006

Aug. 29, 2006

Order/Opinion
41

5:06-cv-00591

Administrative Closing Order

Aug. 30, 2006

Aug. 30, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4690836/patton-v-jones/

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

ECF Number Description Date Link Date / Link
1

COMPLAINT against Justin Jones, Marty Sirmons, John Doe, filed by Eric Allen Patton. (Attachments: # 1 Affidavit Eric Allen Patton# 2 Civil Cover Sheet)(db, ) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

2

MOTION for Leave to Proceed in forma pauperis by Eric Allen Patton. (Attachments: # 1 Attachment IFP)(db, ) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

3

ORDER REASSIGNING CASE. Case reassigned to Judge Stephen P. Friot for all further proceedings. Judge Vicki Miles-LaGrange no longer assigned to case. Signed by Judge Vicki Miles-LaGrange on 6/5/2006. (ks) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

4

AMENDED COMPLAINT against all defendants, filed by Eric Allen Patton. (Attachments: # 1 Attachment 1 - Grievance Denial)(Braden, Scott) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

5

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. By 7/24/06, plf shall pay an initial partial filing fee of $19.18. Unless by the date specified plf has either (1) paid the initial partial filing fee, or (2) shown cause in writing for the failure to pay, this action will be subject to dismissal w/o prejudice to refiling & no fees or costs will be imposed or collected. After pymt of the initial partial filing fee, plf shall make monthly payments of 20 percent of the preceding month's income credited to his prison account(s) until he has paid the total filing fee of $350. After pymt of the initial partial filing fee, the ct will enter an order directing the agency having custody of plf to collect & forward such monthly pymts to the clerk each time plf's institutional acct balance(s) exceed(s) $10.00, until the filing fee is paid in full. Interference by plf in the submission of these funds to the ct shall result in dismissal of this action. Such monthly pymts will continue to be collected until full payment of the filing fee has been received by the ct, even after disposition of the case & regardless of whether relief is granted or denied. Signed by Judge Stephen P. Friot on 6/20/06. (llg) (Entered: 06/20/2006)

June 20, 2006

June 20, 2006

6

PRAECIPE for two Summonses by Eric Allen Patton. (Braden, Scott) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

Summons Issued as to Justin Jones, Marty Sirmons. Summons placed in FPD's box in court clerk's office. (kw, ) (Entered: 06/21/2006)

June 21, 2006

June 21, 2006

8

Receipt for Money Received from Eric Allen Patton in the amount of $350.00, receipt number 116944. (lb) (Entered: 06/27/2006)

June 21, 2006

June 21, 2006

7

SUMMONS Returned Executed by Eric Allen Patton. Justin Jones served on 6/23/2006. (Braden, Scott) (Entered: 06/23/2006)

June 23, 2006

June 23, 2006

9

SUMMONS Returned Executed by Eric Allen Patton. Marty Sirmons served on 6/27/2006. (Braden, Scott) (Entered: 06/28/2006)

June 28, 2006

June 28, 2006

10

ENTRY of Appearance by William P Earley on behalf of Eric Allen Patton (Earley, William) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

11

ENTRY of Appearance by Susan M Otto on behalf of Eric Allen Patton (Otto, Susan) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

13

ENTRY of Appearance by Gregory T Metcalfe on behalf of Justin Jones, Marty Sirmons (Metcalfe, Gregory) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

14

MOTION to Dismiss and Brief in Support by Justin Jones, Marty Sirmons. (Attachments: # 1 Exhibit 1 - Order Denying Request for Stay of Execution# 2 Exhibit 2 Part A - Objection to Setting of an Execution Date# 3 Exhibit 2B Ojection to Setting of an Execution Date# 4 Exhibit 3 - Reply to State's Response to Objection# 5 Exhibit 4 - OSCN Document)(Metcalfe, Gregory) (Entered: 07/13/2006)

July 13, 2006

July 13, 2006

15

MOTION to Withdraw as Attorney by Eric Allen Patton. (Braden, Scott) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

16

ORDER granting 15 Motion to Withdraw as Attorney. Attorney Scott W Braden terminated. Signed by Judge Stephen P. Friot on 7/25/06. (llg) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

17

MOTION for Preliminary Injunction by Eric Allen Patton. (Attachments: # 1 Attachment 1 - Boltz Transcript# 2 Attachment 2 - Declaration of Danny Hooks# 3 Attachment 3 - Affidavit of Janet Chesley# 4 Attachment 4 - Affidavit of Mary Burden# 5 Attachment 5 - Declaration of Thomas Henthorn# 6 Attachment 6 - Declaration of Mark Heath# 7 Attachment 6 - Exhibits 1-8# 8 Attachment 6 - Exhibits 9-11# 9 Attachment 6 - Exhibit 12 part 1# 10 Attachment 6 - Exhibt 12 part 2# 11 Attachment 6 - Exhibits 13-18)(Otto, Susan) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

18

MEMORANDUM in Opposition to Defendants' Motion to Dismiss for Failure to State a Claim filed by Eric Allen Patton. (Earley, William) (Entered: 07/28/2006)

July 28, 2006

July 28, 2006

19

ORDER Setting Hearing on 17 MOTION for Preliminary Injunction: Motion Hearing set for 8/8/2006 09:00 AM in Courtroom #305 before Honorable Stephen P. Friot. Signed by Judge Stephen P. Friot on 8/1/06. (llg) (Entered: 08/01/2006)

Aug. 1, 2006

Aug. 1, 2006

20

ENTRY of Appearance by Robert L Whittaker on behalf of Justin Jones, Marty Sirmons (Whittaker, Robert) (Entered: 08/03/2006)

Aug. 3, 2006

Aug. 3, 2006

22

MOTION for Protective Order and Brief in Support by Justin Jones, Marty Sirmons. (Mann, Richard) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

23

OBJECTIONS To Plaintiff's Motion for Preliminary Injunction filed by Justin Jones, Marty Sirmons. (Mann, Richard) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

24

ORDER Resetting Hearing on 17 MOTION for Preliminary Injunction: Motion Hearing reset for 8/8/2006 10:00 AM in Courtroom #305 before Honorable Stephen P. Friot. Signed by Judge Stephen P. Friot on 8/7/06. (llg) (Entered: 08/07/2006)

Aug. 7, 2006

Aug. 7, 2006

25

Minute Entry for proceedings held before Judge Stephen P. Friot: Motion Hearing held on 8/8/2006 re 17 MOTION for Preliminary Injunction filed by Eric Allen Patton. Plf does not appear. Plf-Dft make opening stmts. Plf presents case w/testimony of witnesses & rests. Plf Exs. 1-12 admitted (Plf Ex. 9 is received under seal). Dft Ex. 6 admitted. Dft's mtn that Plf's Mtn for Preliminary Injunction be denied is GRANTED. 17 Plf's Mtn for Preliminary Injunction is DENIED, for the reasons set forth in detail on the record.(Court Reporter Tracy Washbourne.) (llg) (Entered: 08/08/2006)

Aug. 8, 2006

Aug. 8, 2006

26

TRANSCRIPT Order Form by Eric Allen Patton that transcripts are necessary. See order form for dates and proceedings. Estimated completion date August 14, 2006. (dl, ) (Entered: 08/11/2006)

Aug. 10, 2006

Aug. 10, 2006

27

MOTION for Leave to Appeal in forma pauperis / Without Full Prepayment of the Filing Fee by Eric Allen Patton. (Attachments: # 1 Attachment 1 - Application to Proceed In Forma Pauperis, Supporting Documentation and Order)(Earley, William) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

28

NOTICE OF APPEAL by Eric Allen Patton. (Otto, Susan) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

29

TRANSCRIPT of Proceedings held on 8/8/06 before Judge Stephen P Friot. Court Reporter: Tracy Washbourne. Transcript of: Preliminary Injunction. Volume: 1 of 1. (lb) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

30

EXHIBITS Admitted into Evidence at Preliminary Injunction Hearing Held on 8/8/06. (Attachments: # 1 Plaintiff's Ex 1# 2 Plaintiff's Ex 2# 3 Plaintiff's Ex 3# 4 Plaintiff's Ex 4# 5 Plaintiff's Ex 5# 6 Plaintiff's Ex 6# 7 Plaintiff's Ex 7# 8 Plaintiff's Ex 8# 9 Plaintiff's Ex 9 (SEALED)# 10 Plaintiff's Ex 10# 11 Plaintiff's Ex 11# 12 Plaintiff's Ex 12# 13 Defendant's Ex 6)(lb) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

31

SEALED DOCUMENT - Plaintiff's Ex 9 Admitted into Evidence at Preliminary Injunction Hearing held on 8/8/06. (lb) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

32

ORDER granting 27 Motion to Proceed on Appeal Without Full Prepayment of the Filing Fee. Signed by Judge Stephen P. Friot on 8/14/06. (llg) (Entered: 08/14/2006)

Aug. 14, 2006

Aug. 14, 2006

33

ENTER ORDER striking as moot 22 Defendants' Motion for Protective Order. Entered at the direction of Judge Stephen P. Friot on 8/15/06. (llg) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

34

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 28 Notice of Appeal. (lb) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

35

DESIGNATION of Record on Appeal by Eric Allen Patton re 28 Notice of Appeal (Earley, William) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

Docket Annotation: Record on Appeal complete and transmitted to the 10th Circuit Court of Appeals. (lb) (Entered: 08/16/2006)

Aug. 16, 2006

Aug. 16, 2006

36

ANSWER to Amended Complaint Affirmative Defenses by Justin Jones, Marty Sirmons.(Metcalfe, Gregory) (Entered: 08/18/2006)

Aug. 18, 2006

Aug. 18, 2006

39

USCA Appeal Fees received in the amount of $ 19.18 receipt number 117856 remaining balance is $ 435.82; re 28 Notice of Appeal filed by Eric Allen Patton, (dl, ) (Entered: 08/23/2006)

Aug. 22, 2006

Aug. 22, 2006

Docket Annotation: Document 37 will be refiled due to an clerical error (dl, ) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

38

USCA Case Number 06-6258 for 28 Notice of Appeal filed by Eric Allen Patton,. (dl, ) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

40

MANDATE From USCA - Patton's motion to preliminarily enjoin his scheduled exection is AFFIRMED 28 Notice of Appeal filed by Eric Allen Patton, (dl, ) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

41

ADMINISTRATIVE CLOSING ORDER: It appearing that the issues in this case have become moot, this action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 30 days, action is deemed dismissed. Neither this order nor the deemed dismissal referred to in the preceding sentence shall constitute an adjudication on the merits. Signed by Judge Stephen P. Friot on 8/30/06. (llg) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

42

Docket Annotation: Due to an clerical error the docket text for Document 40 is incorrect and will be refiled (dl, ) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

43

MANDATE From USCA - The order of the district court denying Patton's motion to preliminarily enjoin his scheduled exection is AFFIRMED 28 Notice of Appeal filed by Eric Allen Patton, (dl, ) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

21

ORDER denying 14 Defendants' Motion to Dismiss. Signed by Judge Stephen P. Friot on 8/4/06. (llg)

Aug. 4, 2006

Aug. 4, 2006

RECAP

Case Details

State / Territory: Oklahoma

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 31, 2006

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A death-sentenced inmate at the Oklahoma State Penitentiary in McAlester, Oklahoma

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oklahoma Department of Corrections (McAlester), State

Case Details

Causes of Action:

42 U.S.C. § 1983

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