Case: Wood v. Ryan

2:14-cv-01447 | U.S. District Court for the District of Arizona

Filed Date: June 26, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 26, 2014, multiple residents and citizens of Arizona subject to the death penalty filed a lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued the Arizona Department of Corrections (ADC) and multiple state officials associated with the organization under 42 U.S.C. § 1983. With the representation of private counsel and the Federal Public Defenders Office, the plaintiffs claimed violations of the First Amendment, the Fourteenth Amendment Due Process Clause, …

On June 26, 2014, multiple residents and citizens of Arizona subject to the death penalty filed a lawsuit in the U.S. District Court for the District of Arizona. The plaintiffs sued the Arizona Department of Corrections (ADC) and multiple state officials associated with the organization under 42 U.S.C. § 1983. With the representation of private counsel and the Federal Public Defenders Office, the plaintiffs claimed violations of the First Amendment, the Fourteenth Amendment Due Process Clause, and the Supremacy Clause. The plaintiffs alleged that the defendants’ lethal injection protocols did not follow the FDA’s regulations and that the Department was concealing information regarding protocols. The plaintiffs sought temporary, preliminary and permanent injunctive relief to order defendants to stop executing plaintiffs until they complied with FDA regulations.

On July 2, 2014, the lead plaintiff, Wood, filed a motion for preliminary injunction to bar defendants from his scheduled execution on July 23, 2014 without first disclosing to him the process of his execution and the drugs to be used. On July 10, 2014, Judge Neil Wake denied the motion on the grounds that Wood’s motion, founded on the First Amendment claim in his complaint, was not likely to succeed on the merits and did not raise serious questions as to the merits. 2014 WL 3385115. Wood appealed this decision to the Ninth Circuit.

On July 19, 2014, the Ninth Circuit Court of Appeals reversed the District Court’s decision and ordered that Wood’s execution be stayed until the ADC provided specific information as to the drugs to be used in his execution and the qualifications of the personnel intended to carry out his execution. 759 F.3d 1076 (9th Cir. 2014). ADC immediately filed a petition for a rehearing, but the Ninth Circuit denied the petition on July 21, 2014. The following day, the Supreme Court vacated the Ninth Circuit’s decision, holding that Judge Wake did not abuse his discretion in denying Wood’s motion for a preliminary injunction. 135 S. Ct. 21 (2014). Mr. Wood was executed on July 23, 2014.

The remaining plaintiffs filed an amended complaint on September 18, 2014. The complaint described the defendants’ “improvisational execution” of Wood, stating that it placed “his suffering far beyond what the Constitution permits.” It alleged that he gasped for air for nearly two hours as the defendants continued to inject him with a variety of drugs. The complaint also added new plaintiffs and new claims to the original suit. It added several other citizens and residents of Arizona subject to the death penalty, as well as the First Amendment Coalition of Arizona, Inc. The complaint further alleged that the defendants had denied the press their First Amendment rights to access governmental proceedings, and that they violated the prisoners' rights against cruel and unusual punishment under the Eighth Amendment. They also claimed that the defendants had violated the Equal Protection Clause because execution methods varied without a principled basis for such deviations.

The defendants filed a motion to dismiss on October 9, 2014 for failure to state a claim upon which relief could be granted. The defendants moved to dismiss most of the plaintiffs’ First Amendment claims alleging violation of their right to governmental proceedings and their Fourteenth Amendment claims. On November 21, 2014, the parties entered a stipulated agreement to resolve this motion. The stipulation set forth the following terms: Arizona would publicly release a report regarding Wood’s execution and, in light of this report, the ADC would review its death penalty procedure and propose a new protocol. If adopted, ADC would provide the plaintiffs with a copy to review and upload the final protocol on the website for public viewing. Regarding the litigation process, the stipulation stated that the defendants would not seek an execution warrant from the Arizona Supreme Court until after the issue was resolved and a final judgment was entered, that all litigation would be stayed until the new protocol was proposed, that the plaintiffs would be allowed to file a second amended complaint after the new protocol was released, if needed, and that the defendants would take appropriate steps to preserve all documents relied upon and used in the report. Both parties agreed to not seek attorneys' fees.

Judge Wake lifted the stay on January 12, 2016, holding that the stipulation had been satisfied but that the state could not seek a warrant of execution until the matters pending in the case were resolved. The plaintiffs filed a second amended complaint on January 29, 2016. This complaint alleged that the new protocol proposed by the defendants used a combination of drugs never used together before and still violated the same rights. The defendants moved to dismiss the plaintiffs’ entire second amended complaint on February 19, 2016 on the grounds that it failed to state a claim upon which relief could be granted. On May 18, 2016, Judge Neil Wake granted the motion to dismiss with prejudice as to both the First Amendment and Fourteenth Amendment claims on the grounds that neither guaranteed a legal right of access to government information. This decision also dismissed the First Amendment Coalition as a plaintiff. 188 F. Supp. 3d 940. First Amendment Coalition appealed this decision to the Ninth Circuit.

Meanwhile in the district court, on July 29, 2016, the defendants filed another motion to dismiss the plaintiffs’ claim of an Eighth Amendment violation for cruel and unusual punishment on the grounds of lack of subject matter jurisdiction. The defendants argued that they no longer had the midazolam drug plaintiffs referred to in the complaint and could not no longer obtain it. On December 19, 2016, the parties agreed to dismiss the first claim in the plaintiffs’ second amended complaint without prejudice. But, if the ADC used or showed an intention of using midazolam or any benzodiazepine drug as part of the lethal injection protocol in the future, any future prisoner, as a third-part beneficiary, could reinstate this claim. Neither party sought attorneys' fees but they did agree in the stipulation that plaintiffs were entitled to seek fees if the defendant breached the agreement.

The final stipulated agreement of the case was entered on June 21, 2017. The agreement dismissed the last two claims in the plaintiffs’ complaint but the parties did not agree to settle. So, the plaintiffs’ preserved the right to appeal any claims in the case. Essentially, the agreement prohibited the defendant from ever engaging in the following conduct: using certain categories of drugs or expired drugs in the lethal injection process, forcing prisoners to pay for the chemicals to be used in their own injection, failing to provide a timely report of the drugs used upon request, changing the drugs to be used in an execution after a warrant has been sought without notifying the prisoner, and adopting any language that would allow the ADC or its directors discretion to deviate from the central issues to the established execution procedures. The agreement stated that if the defendants engaged in or showed an intent to engage in certain prohibited conduct that the claims would be reinstated and the defendants would be enjoined.

First Amendment Coalition's appeal continued in the Ninth Circuit. Oral arguments occurred on September 12, 2018. On September 17, 2019, the court released its opinion affirming in part and reversing in part the district court’s dismissal of the plaintiffs’ second amended complaint. The court held that the ADC did violate the First Amendment right to access to governmental proceedings by restricting access to hearing sounds of an execution and reversed the district court’s decision on this count. However, the court held that the First Amendment right does not encompass knowledge of execution drugs or personnel and affirmed the district court opinion on these counts. Finally, the court held that the Arizona restrictions did not restrict plaintiffs’ First Amendment right of access to the courts. The case was remanded on the reversed count. First Amendment Coal. of Ariz., Inc. v. Ryan , 938 F.3d 1069 (U.S. App. 2019)

The case is ongoing.

Summary Authors

Mackenzie Walz (10/8/2017)

Maddie McFee (11/21/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4134146/parties/wood-v-ryan/


Judge(s)

Bybee, Jay S. (Nevada)

Gould, Ronald Murray (Washington)

Thomas, Sidney Runyan (Montana)

Wake, Neil Vincent (Arizona)

Watford, Paul Jeffrey (California)

Attorneys(s) for Plaintiff

Anderson, Joshua E. (California)

Baich, Dale Andrew (Arizona)

Degen, Alycia Ann (California)

Felker, Jessica Lynn (Arizona)

Haddad, Mark E. (California)

Judge(s)

Bybee, Jay S. (Nevada)

Gould, Ronald Murray (Washington)

Thomas, Sidney Runyan (Montana)

Wake, Neil Vincent (Arizona)

Watford, Paul Jeffrey (California)

Attorneys(s) for Plaintiff

Anderson, Joshua E. (California)

Baich, Dale Andrew (Arizona)

Degen, Alycia Ann (California)

Felker, Jessica Lynn (Arizona)

Haddad, Mark E. (California)

Konrad, Robin C. (Arizona)

Light, Matt (California)

Lopez, Amanda V (California)

Mackay, Aimee G (California)

McCray, Lauren Ann (California)

Roberts, Katherine A (California)

Sands, Jon M. (Arizona)

Wedel, Collin Partington (California)

Attorneys(s) for Defendant

Chiasson, Laura Patrice (Arizona)

Done, Julie Ann (Arizona)

Gard, Lacey Stover (Arizona)

Horne, Thomas C. (Arizona)

Miller, Keith Joseph (Arizona)

Sparks, Jeffrey Lee (Arizona)

Todd, John Pressley (Arizona)

Weinzweig, David Daniel (Arizona)

Zick, Jeffrey Alan (Arizona)

Expert/Monitor/Master

Binford, Matthew H (Arizona)

Documents in the Clearinghouse

Document

2:14-cv-01447

Docket [PACER]

Nov. 5, 2019

Nov. 5, 2019

Docket
1

2:14-cv-01447

Complaint For Equitable, Injunctive, and Declaratory Relief

June 26, 2014

June 26, 2014

Complaint
21

2:14-cv-01447

Order

2014 WL 3385115

July 10, 2014

July 10, 2014

Order/Opinion
29

14-16310

Opinion- 9th Circuit reversing District Court's denial of preliminary injunction (ECF BL-29)

U. S. Court of Appeals for the Ninth Circuit

759 F.3d 1076

July 19, 2014

July 19, 2014

Order/Opinion
51

2:14-cv-01447

First Amended Complaint For Violations of 42 U.S.C. § 1983 and Equitable, Injunctive, and Declaratory Relief

Sept. 18, 2014

Sept. 18, 2014

Complaint
67

2:14-cv-01447

Joint Stipulation For Temporary Stay

Nov. 21, 2014

Nov. 21, 2014

Pleading / Motion / Brief
94

2:14-cv-01447

Second Amended Complaint For Violations of 42 U.S.C. § 1983 and Equitable, Injunctive, and Declaratory Relief

Jan. 26, 2016

Jan. 26, 2016

Complaint
117

2:14-cv-01447

Order

188 F.Supp.3d 940

May 18, 2016

May 18, 2016

Order/Opinion
137

2:14-cv-01447

Order

Aug. 10, 2016

Aug. 10, 2016

Order/Opinion
152

2:14-cv-01447

Stipulated Settlement Agreement and [Proposed] Order For Dismissal of Claim One

Dec. 19, 2016

Dec. 19, 2016

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4134146/wood-v-ryan/

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

ECF Number Description Date Link Date / Link
1

PRISONER CIVIL RIGHTS COMPLAINT. Filing fee received: $400.00, receipt number 0970-10605488 filed by David Gulbrandson, Charles M Hedlund, Todd Smith, Eldon Schurz, Graham S Henry, Joseph Rudolph Wood, III. (submitted by Dale Baich) (Attachments: # 1 Civil Cover Sheet)(REK) (Entered: 06/26/2014)

1 Civil Cover Sheet

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June 26, 2014

June 26, 2014

PACER
2

SUMMONS Submitted by David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith, Joseph Rudolph Wood, III. (submitted by Dale Baich) (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(REK) (Entered: 06/26/2014)

1 Summons

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2 Summons

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3 Summons

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June 26, 2014

June 26, 2014

PACER
3

NOTICE OF ASSIGNMENT: (REK) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

PACER
4

Summons Issued as to Ron Credio, Lance Hetmer, Charles L Ryan. (Attachments: # 1 Summons, # 2 Summons)(REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/26/2014)

1 Summons

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2 Summons

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June 26, 2014

June 26, 2014

PACER
5

NOTICE TO FILER OF DEFICIENCY re: 1 Complaint filed by Graham S Henry, Joseph Rudolph Wood, III, Charles M Hedlund, Eldon Schurz, Todd Smith, David Gulbrandson. Other: Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) (Entered: 06/26/2014)

June 26, 2014

June 26, 2014

PACER
6

*NOTICE of Appearance by Jeffrey Alan Zick on behalf of Charles L Ryan, Ron Credio, Lance Hetmer. (Zick, Jeffrey) *Modified filers on 7/2/2014 (LFIG). (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
7

*NOTICE of Appearance by John Pressley Todd on behalf of Charles L Ryan, Ron Credio, Lance Hetmer. (Todd, John) *Modified filers on 7/2/2014 (LFIG). (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
8

*NOTICE of Appearance by Jeffrey Lee Sparks on behalf of Charles L Ryan, Ron Credio, Lance Hetmer. (Sparks, Jeffrey) *Modified filers on 7/2/2014 (LFIG). (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
9

*NOTICE of Appearance by Lacey Stover Gard on behalf of Charles L Ryan, Ron Credio, Lance Hetmer. (Gard, Lacey) *Modified filers on 7/2/2014 (LFIG). (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
10

*NOTICE of Appearance by Matthew H Binford on behalf of Charles L Ryan, Ron Credio, Lance Hetmer. (Binford, Matthew) *Modified filers on 7/2/2014 (LFIG). (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
11

MOTION for Preliminary Injunction by Joseph Rudolph Wood, III. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Baich, Dale) (Entered: 07/02/2014)

1 Exhibit

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2 Text of Proposed Order

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July 2, 2014

July 2, 2014

PACER
12

ORDER that Defendants shall file a response to Plaintiff's 11 Motion for Preliminary Injunction or Temporary Restraining Order no later than 5:00 PM on Monday, 07/07/14. Plaintiff may file a reply no later than 4:00 PM on Tuesday, 07/08/14. FURTHER ORDERED that oral argument on Plaintiff's 11 motion will be held on Wednesday, 07/09/14, at 10:00 AM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V. Wake. See order for details. Signed by Judge Neil V. Wake on 7/2/14. (NKS) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
13

MOTION for Leave to Appear Videoconference (unopposed) by Joseph Rudolph Wood, III. (Attachments: # 1 Text of Proposed Order)(Baich, Dale) (Entered: 07/03/2014)

1 Text of Proposed Order

View on PACER

July 3, 2014

July 3, 2014

PACER
14

ORDER granting the Motion (Doc. 13 ). Signed by Judge Neil V. Wake on 7/3/14. (NKS) (Entered: 07/03/2014)

July 3, 2014

July 3, 2014

PACER
15

RESPONSE in Opposition re: 11 MOTION for Preliminary Injunction filed by Charles L Ryan. (Sparks, Jeffrey) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

PACER
16

REPLY to Response to Motion re: 11 MOTION for Preliminary Injunction filed by Joseph Rudolph Wood, III. (Attachments: # 1 Exhibit)(Baich, Dale) (Entered: 07/08/2014)

1 Exhibit

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July 8, 2014

July 8, 2014

PACER
17

MINUTE ENTRY for proceedings held before Judge Neil V. Wake: Oral Argument held on 7/9/2014. Counsel argue their respective positions regarding Plaintiff Joseph Rudolph Wood III's Motion for Preliminary Injunction or Temporary Restaining Order (Doc. 11 ). Motion taken under advisement. Order to follow. APPEARANCES: Robin Konrad and Dale Baich for Plaintiff. Matthew Binford, Jeffrey Zink, Lacey Gard and Jeffrey Sparks for Defendants. (Court Reporter Laurie Adams.) Hearing held 10:06 a.m. to 10:59 a.m. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
18

TRANSCRIPT REQUEST by Joseph Rudolph Wood, III for proceedings held on 07/09/2014, Judge Neil V Wake hearing judge(s). (Baich, Dale) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
19

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held on 7/9/2014, before Judge Wake. Court Reporter Laurie Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/30/2014. Redacted Transcript Deadline set for 8/11/2014. Release of Transcript Restriction set for 10/7/2014. (VPB) (Entered: 07/10/2014)

July 9, 2014

July 9, 2014

PACER
20

STRICKEN by Doc. 25 - MOTION to Dismiss for Failure to State a Claim by Charles L Ryan. (Zick, Jeffrey) Modified on 7/18/2014 (NKS). (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
21

ORDER that Plaintiff Wood's Motion for Preliminary Injunction or Temporary Restraining Order (Doc. 11 ) is DENIED. See order for complete details. Signed by Judge Neil V. Wake on 7/10/14. (NKS) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

RECAP
22

NOTICE OF APPEAL to 9th Circuit Court of Appeals re: 21 Order on Motion for Preliminary Injunction by Joseph Rudolph Wood, III. (Baich, Dale) (Entered: 07/10/2014)

July 10, 2014

July 10, 2014

PACER
23

*USCA Case Number re: 22 Notice of Appeal. Case number 14-16310, Ninth Circuit Court of Appeals. (LAD) (Distributed by the Ninth Circuit) Modified to correct appeal number on 8/5/2014 (REW). (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
24

TRANSCRIPT REQUEST of July 9, 2014 by Charles L Ryan for proceedings held on 7/9/2014, Judge Neil V Wake hearing judge(s). (Zick, Jeffrey) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
25

ORDER that motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED striking the Defendants' Motion to Dismiss Complaint Pursuant to Rule 12(B)(6) (Doc. 20 ) without prejudice. Counsel may elect to refile a motion once they have complied with this Order. Signed by Judge Neil V. Wake on 7/18/14. (NKS) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
26

Emergency MOTION to Stay Execution by Joseph Rudolph Wood, III. (Konrad, Robin) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

RECAP
27

TRANSCRIPT REQUEST by Joseph Rudolph Wood, III for proceedings held on 7/23/2014, Judge Neil V Wake hearing judge(s). (Baich, Dale) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

PACER
28

MOTION by Joseph Rudolph Wood, III. (Attachments: # 1 Text of Proposed Order)(Baich, Dale) (Entered: 07/23/2014)

1 Text of Proposed Order

View on PACER

July 23, 2014

July 23, 2014

PACER
29

ORDER granting Plaintiff's 28 Emergency Motion for Preservation of Evidence. See Order for details. Signed by Judge Neil V Wake on July 23, 2014.(NVW, vg) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

PACER
30

NOTICE re: Notice Regarding Preservation of Evidence by David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith re: 29 Order on Motion for Miscellaneous Relief . (Konrad, Robin) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

PACER
33

MINUTE ENTRY for proceedings held before Judge Neil V. Wake: Telephonic Motion Hearing held on 7/23/2014. The Court denies the Emergency Motion for Stay of Execution (Doc. 26 ) as moot for the reasons stated on the record. Separate order to issue. (Court Reporter Laurie Adams.) Hearing held 3:27 p.m. to 3:57 p.m. (NKS) (Entered: 07/24/2014)

July 23, 2014

July 23, 2014

PACER
31

NOTICE OF FILING OF OFFICIAL REDACTED TRANSCRIPT of Motion Proceedings held on 7/23/2014, before Judge Wake. Court Reporter Laurie Adams. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/14/2014. Redacted Transcript Deadline set for 8/25/2014. Release of Transcript Restriction set for 10/22/2014. (VPB) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
32

SEALED TRANSCRIPT of Telephonic Proceedings on 7/23/14 before Judge Neil V. Wake. Court Reporter: Laurie Adams. (MAP) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
34

ORDER finding as moot 26 Plaintiff's Motion for Emergency Stay of Execution. Signed by Judge Neil V. Wake on July 24, 2014.(NVW, vg) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
35

NOTICE: Ex Parte Communication on July 23, 2014 (see document for complete details). Signed by Judge Neil V. Wake on 7/24/14. (NKS) (Entered: 07/24/2014)

July 24, 2014

July 24, 2014

PACER
36

NOTICE re: Joint Notice of Rule 12(c) Conferral Meeting Betwen the Parties by Charles L Ryan . (Zick, Jeffrey) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

PACER
37

NOTICE re: Joint Notice of Conferral Meeting and Agreed Upon Dates by Joseph Rudolph Wood, III . (Baich, Dale) (Entered: 08/19/2014)

Aug. 19, 2014

Aug. 19, 2014

PACER
38

MOTION for Admission Pro Hac Vice as to attorney Alycia A Degen on behalf of plaintiffs David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith, and Joseph Rudolph Wood, III. (BAS) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX150237 as to Alycia A Degen. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 10, 2014

Sept. 10, 2014

PACER
39

MOTION for Admission Pro Hac Vice as to attorney Mark E Haddad on behalf of plaintiffs David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith, and Joseph Rudolph Wood, III. (BAS) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX150238 as to Mark E Haddad. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 10, 2014

Sept. 10, 2014

PACER
40

MOTION for Admission Pro Hac Vice as to attorney Aimee G Mackay on behalf of plaintiffs David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith, and Joseph Rudolph Wood, III. (BAS) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX150239 as to Aimee G Mackay. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 10, 2014

Sept. 10, 2014

PACER
41

MOTION for Admission Pro Hac Vice as to attorney Lauren A McCray on behalf of plaintiffs David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith, and Joseph Rudolph Wood, III. (BAS) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX150240 as to Lauren A McCray. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 10, 2014

Sept. 10, 2014

PACER
42

MOTION for Admission Pro Hac Vice as to attorney Joshua E Anderson on behalf of plaintiffs David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith, and Joseph Rudolph Wood, III. (BAS) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX150242 as to Joshua E Anderson. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 10, 2014

Sept. 10, 2014

PACER
43

MOTION for Admission Pro Hac Vice as to attorney Collin P Wedel on behalf of plaintiffs David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith, and Joseph Rudolph Wood, III. (BAS) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX150243 as to Collin P Wedel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 10, 2014

Sept. 10, 2014

PACER
44

ORDER pursuant to General Order 09-08 granting 38 Motion for Admission Pro Hac Vice; granting 39 Motion for Admission Pro Hac Vice; granting 40 Motion for Admission Pro Hac Vice; granting 41 Motion for Admission Pro Hac Vice; granting 42 Motion for Admission Pro Hac Vice; granting 43 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
45

NOTICE of Appearance by Mark E Haddad on behalf of David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith. (Haddad, Mark) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
46

NOTICE of Appearance by Joshua Eugene Anderson on behalf of David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith. (Anderson, Joshua) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
47

NOTICE of Appearance by Alycia Ann Degen on behalf of David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith. (Degen, Alycia) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
48

NOTICE of Appearance by Collin Partington Wedel on behalf of David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith. (Wedel, Collin) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
49

NOTICE of Appearance by Lauren Ann McCray on behalf of David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith. (McCray, Lauren) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
50

NOTICE of Appearance by Aimee Grace Mackay on behalf of David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith. (Mackay, Aimee) (Entered: 09/17/2014)

Sept. 17, 2014

Sept. 17, 2014

PACER
51

AMENDED COMPLAINT against All Defendants filed by Charles M Hedlund. (Attachments: # 1 Exhibit)(Baich, Dale) (Entered: 09/18/2014)

1 Exhibit

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Sept. 18, 2014

Sept. 18, 2014

PACER
52

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Charles M Hedlund . (Attachments: # 1 Attachment)(Baich, Dale) (Entered: 09/18/2014)

1 Attachment

View on PACER

Sept. 18, 2014

Sept. 18, 2014

PACER
53

*AMENDED COMPLAINT against All Defendants filed by Charles M Hedlund. (Attachments: # 1 Exhibit)(Baich, Dale) *Modified on 9/19/2014 to reflect PDF is duplicate of Doc. 51 . (LFIG) (Entered: 09/18/2014)

1 Exhibit

View on PACER

Sept. 18, 2014

Sept. 18, 2014

PACER
54

NOTICE re: of Filing of Letter by Charles M Hedlund . (Attachments: # 1 Attachment)(Haddad, Mark) (Entered: 09/30/2014)

1 Attachment

View on PACER

Sept. 30, 2014

Sept. 30, 2014

PACER
55

First MOTION to Dismiss Counts/Claims : 2, 3, and 9 and Part of Claim 1 of the First Amended Complaint by Janice Brewer, Ron Credio, Greg Fizer, Charles L Ryan, Unknown Parties. (Zick, Jeffrey) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

RECAP
56

MOTION for Admission Pro Hac Vice as to attorney Katherine A Roberts on behalf ofDavid Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, and Todd Smith. (BAS) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX151421 as to Katherine A Roberts. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 16, 2014

Oct. 16, 2014

PACER
57

MOTION for Admission Pro Hac Vice as to attorney Matt Light on behalf of David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, and Todd Smith. (BAS) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX151420 as to Matt Light. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 16, 2014

Oct. 16, 2014

PACER
58

MOTION for Admission Pro Hac Vice as to attorney Amanda V Lopez on behalf of David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, and Todd Smith. (BAS) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER

PRO HAC VICE FEE PAID. $ 35, receipt number PHX151419 as to Amanda V Lopez. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Oct. 16, 2014

Oct. 16, 2014

PACER
59

ORDER pursuant to General Order 09-08 granting 56 Motion for Admission Pro Hac Vice; granting 57 Motion for Admission Pro Hac Vice; granting 58 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER
60

ORDER staying briefing on Defendants' motion to dismiss and setting a status conference for Tuesday, 10/28/14, at 1:30 p.m. in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003-2151 before Judge Neil V. Wake. See order for complete details. Signed by Judge Neil V. Wake on 10/16/14. (NKS) (Entered: 10/16/2014)

Oct. 16, 2014

Oct. 16, 2014

PACER
61

Consent MOTION to Continue Status Conference by Charles M Hedlund. (Attachments: # 1 Text of Proposed Order)(Baich, Dale) (Entered: 10/20/2014)

1 Text of Proposed Order

View on PACER

Oct. 20, 2014

Oct. 20, 2014

PACER
62

ORDER: The Court having reviewed the Plaintiffs' Consent Motion to Continue October 28 Status Conference (Doc. 61 ), ORDERED granting the Motion. FURTHER ORDERED continuing the Status Conference from 10/28/14 to 10/29/14, at 1:30 PM, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V. Wake. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
63

MINUTE ENTRY for proceedings held before Judge Neil V. Wake: Status Conference held on 10/29/2014. Current case status discussed. The Court lays out its thoughts on how to proceed moving forward. By no later than Friday, December 12, 2014, both sides are ordered to meet and confer regarding the options proposed by the Court. The Court requests briefing from both sides regarding why the Court should or should not stay the proceedings based on the current complaint. Briefing on this issue is ordered as follows: initial brief from defendants is due by Friday, November 21, 2014; brief from plaintiffs is due by Thursday, December 18, 2014; reply brief from defendants is due by Friday, January 9, 2015. APPEARANCES: Dale Baich, Mark Haddad, Robin Konrad, Amanda Lopez and Collin Wedel for Plaintiffs. Matthew Binford, Jeffrey Zick, Jeffrey Sparks and Lacey Gard for Defendants. (Court Reporter Laurie Adams.) Hearing held 1:38 p.m. to 2:42 p.m. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
64

TRANSCRIPT REQUEST by Charles M Hedlund for proceedings held on 10/29/2014, Judge Neil V Wake hearing judge(s). (Baich, Dale) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
65

TRANSCRIPT REQUEST by Charles L Ryan for proceedings held on 10/29/14, Judge Neil V Wake hearing judge(s). (Binford, Matthew) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
66

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings held on 10/29/2014, before Judge Neil V. Wake. Court Reporter: Laurie A. Adams. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2014. Redacted Transcript Deadline set for 12/1/2014. Release of Transcript Restriction set for 1/27/2015. (RAP) (Entered: 10/31/2014)

Oct. 29, 2014

Oct. 29, 2014

RECAP
67

STIPULATION Joint Stipulation for Temporary Stay by First Amendment Coalition of Arizona Incorporated, David Gulbrandson, Charles M Hedlund, Graham S Henry, Eldon Schurz, Todd Smith, Joseph Rudolph Wood, III. (Attachments: # 1 [Proposed] Order Granting Joint Stipulation for Temporary Stay)(Haddad, Mark) (Entered: 11/21/2014)

1 [Proposed] Order Granting Joint Stipulation for Temporary Stay

View on PACER

Nov. 21, 2014

Nov. 21, 2014

PACER
68

** VACATED BY 187 ORDER ** ORDER pursuant to the parties' Joint Stipulation for Temporary Stay (Doc. 67 ) - this action, including briefing on the pending motion to dismiss (ECF No. 55 ), and briefing regarding a stay, is stayed immediately. See order for complete details. Signed by Judge Neil V. Wake on 11/24/14. (NKS) Modified on 6/22/2017 (LAD). (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER
69

ORDER that Defendants' Partial Motion to Dismiss (Doc. 55 ) is denied without prejudice. See order for details. Signed by Judge Neil V. Wake on 11/25/14. (NKS) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
70

ORDER vacating the Court's briefing schedule issued on 10/29/14 (Doc. 63) as moot. Signed by Judge Neil V. Wake on 12/2/14. (NKS) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
71

NOTICE of Attorney Withdrawal of Matthew H. Binford filed by Jeffrey Lee Sparks. (Sparks, Jeffrey) (Entered: 04/22/2015)

April 22, 2015

April 22, 2015

PACER
72

NOTICE of Appearance by Laura Patrice Chiasson on behalf of Janice Brewer, Ron Credio, Greg Fizer, Lance Hetmer. (Chiasson, Laura) (Entered: 06/05/2015)

June 5, 2015

June 5, 2015

PACER
73

NOTICE re: Notice of Publishing of Revised Execution Protocol and Compliance with Court Order by Charles L Ryan . (Sparks, Jeffrey) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
74

MOTION to Lift Stay by Charles L Ryan. (Attachments: # 1 Text of Proposed Order)(Sparks, Jeffrey) (Entered: 10/23/2015)

1 Text of Proposed Order

View on PACER

Oct. 23, 2015

Oct. 23, 2015

PACER
75

NOTICE of Errata by Defendant Charles L Ryan.. (Sparks, Jeffrey) (Entered: 10/23/2015)

Oct. 23, 2015

Oct. 23, 2015

PACER
76

*NOTICE of Attorney Withdrawal of Amanda V. Lopez filed by Alycia Ann Degen. (Degen, Alycia) *Modified to terminate attorney Amanda Lopez on 10/28/2015 (KGM). (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
77

*NOTICE of Attorney Withdrawal of Lauren A. McCray filed by Alycia Ann Degen. (Degen, Alycia) *Modified to terminate attorney Lauren McCray on 10/28/2015 (KGM). (Entered: 10/27/2015)

Oct. 27, 2015

Oct. 27, 2015

PACER
78

ORDER TO SHOW CAUSE - that Defendants shall file a Notice no later than 11/18/15 indicating what execution drugs the Arizona Department of Corrections has in its possession and which of the four alternative execution protocols it intends to implement. Plaintiffs must file a response to Defendants' Notice that incorporates a response to the Motion to Lift Stay no later than 12/09/15. Defendants may file a reply no later than 12/16/15. FURTHER ORDERED that if the Arizona Department of Corrections does not currently possess the required lethal drugs for a particular protocol, or any of its four alternative protocols, Defendants shall show cause why the Court can or should adjudicate any protocol that cannot be implemented or why this action is ripe for consideration. Signed by Judge Neil V. Wake on 10/28/15. (NKS) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

PACER
79

*RESPONSE TO ORDER TO SHOW CAUSE by Charles L Ryan re: 78 Order to Show Cause, Set/Reset Motion and R&R Deadlines/Hearings . (Sparks, Jeffrey) *Modified to correct event type on 11/4/2015 (KGM). (Entered: 11/03/2015)

Nov. 3, 2015

Nov. 3, 2015

PACER
80

ORDER that Plaintiffs' response to Defendants' Notice that incorporates a response to the motion to lift stay must be filed no later than 11/25/15. Defendants may reply within 7 days of Plaintiffs' response. Signed by Judge Neil V. Wake on 11/6/15. (NKS) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
81

NOTICE of Appearance by Julie Ann Done on behalf of Charles L Ryan. (Done, Julie) (Entered: 11/06/2015)

Nov. 6, 2015

Nov. 6, 2015

PACER
82

ORDER: IT IS ORDERED that Defendants' time to file a Reply in support of their Motion to Lift Stay (Doc. 74 ) is extended to December 11, 2015. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
83

RESPONSE to Motion re: 74 MOTION to Lift Stay filed by Joseph Rudolph Wood, III. (Baich, Dale) (Entered: 11/25/2015)

Nov. 25, 2015

Nov. 25, 2015

PACER
84

*REPLY to Response to Motion re: 74 MOTION to Lift Stay by Defendant Charles L Ryan. (Sparks, Jeffrey) *Modified to correct event type on 12/3/2015 (KGM). (Entered: 12/03/2015)

Dec. 3, 2015

Dec. 3, 2015

PACER
85

ORDER granting 74 Defendants' Motion to Lift Stay as to Protocol C. The stay is lifted and this action will proceed to that extent. See PDF document for details. Signed by Judge Neil V Wake on 12/8/15.(LSP) (Entered: 12/09/2015)

Dec. 9, 2015

Dec. 9, 2015

RECAP
86

NOTICE re: Regarding Order Issued December 9, 2015 by Joseph Rudolph Wood, III . (Baich, Dale) (Entered: 12/10/2015)

Dec. 10, 2015

Dec. 10, 2015

PACER
87

MINUTE ORDER: Pursuant to the Court's December 8, 2015 Order (Doc. 85 ), IT IS ORDERED setting a Status Conference for 1/12/2016 at 1:30 PM in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Neil V Wake. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, vg) (Entered: 12/15/2015)

Dec. 15, 2015

Dec. 15, 2015

PACER
88

MINUTE ENTRY for proceedings held before Judge Neil V. Wake: Status Conference held on 01/12/16. Discussion is held regarding the entire stay being lifted. Plaintiffs' counsel indicates that an amended complaint will be filed by no later than Tuesday, 01/26/16. Case status discussed. Potential discovery discussed. Written order to follow. APPEARANCES: Mark E. Haddad, Dale A. Baich and Collin P. Wedel for Plaintiffs. Jeffrey L. Sparks, Lacey S. Gard and John P. Todd for Defendants. (Court Reporter Laurie Adams.) Hearing held 1:36 p.m. to 2:44 p.m. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
89

ORDER the stay in this matter is lifted in its entirety and this action will proceed. Plaintiffs must file their First Amended Complaint no later than January 26, 2016. The provision of the parties' Stipulation prohibiting the State from seeking a warrant of execution until after (1) this action has been resolved through settlement among the parties; or (2) this Court has entered a final judgment on the merits remains in effect. Signed by Judge Neil V. Wake on 1/12/16. (CLB) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

RECAP
90

TRANSCRIPT REQUEST by Joseph Rudolph Wood, III for proceedings held on 1/12/2016, Judge Neil V Wake hearing judge(s). (Baich, Dale) (Entered: 01/13/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER
92

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings held on 01/12/2016, before Judge Neil V. Wake. (Court Reporter: Laurie A. Adams). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/3/2016. Redacted Transcript Deadline set for 2/16/2016. Release of Transcript Restriction set for 4/12/2016. (RAP) (Entered: 01/15/2016)

Jan. 13, 2016

Jan. 13, 2016

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: June 26, 2014

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Multiple citizens and residents of Arizona subject to the death penalty and nonprofit First Amendment Coalition of Arizona.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Arizona Department of Corrections (ADC), State

Wardens at the Arizona State Prison Complex (ASPC), State

Governor of Arizona, State

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Supremacy Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Fines/Fees/Bail/Bond

Incident/accident reporting & investigations

Records Disclosure

Staff (number, training, qualifications, wages)

Death Penalty:

Lethal Injection - Chemicals Used

Lethal Injection - General

Lethal Injection - Staffing (including physician)