Case: Nooner v. Norris

5:06-cv-00110 | U.S. District Court for the Eastern District of Arkansas

Filed Date: May 1, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On May 1, 2006, an inmate awaiting execution at the Supermax Unit of the Arkansas Department of Correction filed this action under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Arkansas. Represented by the Federal Public Defender, the inmate claimed that the procedures used to carry out lethal injections in Arkansas—specifically the use of potassium chloride in the lethal cocktail of drugs—risked unnecessary conscious suffering in violation of the Eighth Amendment. The…

On May 1, 2006, an inmate awaiting execution at the Supermax Unit of the Arkansas Department of Correction filed this action under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of Arkansas. Represented by the Federal Public Defender, the inmate claimed that the procedures used to carry out lethal injections in Arkansas—specifically the use of potassium chloride in the lethal cocktail of drugs—risked unnecessary conscious suffering in violation of the Eighth Amendment. The plaintiff sought injunctive and declaratory relief against the execution practices employed by the Arkansas Department of Corrections (ADC). He did not challenge his sentence or challenge the use of lethal injection.

On May 4, 2006, a second death row inmate in Arkansas moved to intervene. A few days later, his execution was scheduled for July 5 of that year. On May 26, the district court (Judge Susan Webber Wright) allowed him to intervene as a plaintiff.

On June 16, following his addition to the case, the second plaintiff filed a motion for a preliminary injunction to prevent the defendants from carrying out executions in accordance with the lethal injection protocol. At the hearing on the motion, a medical expert testified that the state's lethal injection procedure created medically unacceptable risks of inflicting pain and suffering. Judge Wright granted the motion on June 26, noting that the plaintiff had not delayed in filing to intervene because he had had to wait to exhaust all of his appeals. The order granting the preliminary injunction stayed the State of Arkansas from implementing the order for execution of the second plaintiff. And four days later, the defendants appealed.

In the midst of ruling on the preliminary injunction appeal, the defendants filed a motion to dismiss the original complaint, arguing that the plaintiff could not state a claim. First, they argued that the plaintiff had not exhausted all of the remedies available to him under the Department of Correction’s grievance policy. Second, the claim fell outside the statute of limitations for § 1983 actions. Judge Wright disagreed and denied the motion to dismiss on June 19, 2006.

On November 22, 2006, a third death row inmate sought to intervene. On December 1, 2006, Judge Wright granted the motion.

On July 7, 2007 the United States Court of Appeals for the Eighth Circuit reversed the preliminary injunction granted by the district court and vacated the stay of execution issued to the second plaintiff. The Court of Appeals found that the district court abused its discretion in granting the stay of execution and the preliminary injunction. Because the inmate could have brought his § 1983 claim before it was necessary to grant a stay, the district court exceeded the scope of its power to grant the preliminary injunction. 491 F.3d 804.

On July 17, 2007 the defendants filed for summary judgment. They argued that Arkansas's lethal injection protocol was substantially identical to the protocol used by the state of Missouri, which was upheld against constitutional challenge by the Eighth Circuit in Taylor v. Crawford, 487 F.3d 1072 (8th Cir. 2007). In their reply to the defendants' motion for summary judgment, the plaintiffs argued that they had not been provided with the opportunity to engage in discovery, and that a significant number of genuine issues of material fact remained even without discovery.

On August 5, 2008 the district court granted the defendants' motion for summary judgment and dissolved the stay of execution. The district court relied on the Eighth Circuit's approval of Missouri's lethal injection protocol, which the court found was sufficiently similar to Arkansas' protocol. The district court found that the plaintiffs had failed to come forward with evidence that Arkansas' protocol for execution by lethal injection "subject[ed] them to constitutionally significant risk of pain."

On August 29, 2008, the plaintiffs filed an appeal. On February 8, 2010 the U.S. Court of Appeals for the Eighth Circuit affirmed the district court's summary judgment for the defendants. The Court found that Arkansas' protocol was substantially similar to Missouri's protocol upheld by the Court of Appeals and to Kentucky's protocol upheld by the Supreme Court.

On November 10, 2010, the United States Supreme Court denied the plaintiffs' petition for a writ of certiorari. At the time of this writing, the original plaintiff had not been executed. The second plaintiff was granted a stay in 2017. The third plaintiff was executed on April 24, 2017. The case is now closed.

Summary Authors

Justin Benson (1/30/2012)

Amanda Stephens (1/30/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5229553/parties/nooner-v-norris/


Judge(s)

Benton, William Duane (Missouri)

Colloton, Steven M. (Iowa)

Forster, John F. Jr. (Arkansas)

Gruender, Raymond W. (Missouri)

Hansen, David Rasmussen (Iowa)

Melloy, Michael Joseph (Iowa)

Wright, Susan Webber (Arkansas)

Attorneys(s) for Plaintiff

Brain , Julie C. (Arkansas)

Attorneys(s) for Defendant

Cordi , C Joseph (Arkansas)

Hagemeier, Mark Arnold (Arkansas)

Judge(s)

Benton, William Duane (Missouri)

Colloton, Steven M. (Iowa)

Forster, John F. Jr. (Arkansas)

Gruender, Raymond W. (Missouri)

Hansen, David Rasmussen (Iowa)

Melloy, Michael Joseph (Iowa)

Wright, Susan Webber (Arkansas)

Attorneys(s) for Plaintiff

Brain , Julie C. (Arkansas)

Attorneys(s) for Defendant

Cordi , C Joseph (Arkansas)

Hagemeier, Mark Arnold (Arkansas)

McDaniel, Dustin (Arkansas)

Svoboda, Joseph V. (Arkansas)

Other Attorney(s)

Adams, Dale E. (Arkansas)

Rosenzweig, Jeffrey (Arkansas)

Sallings , Deborah Ruth (Arkansas)

Schay, E Alvin (Arkansas)

Documents in the Clearinghouse

Document

Docket

Nov. 10, 2010 Docket
1

Complaint

May 1, 2006 Complaint
13

Motion to Dismiss

May 19, 2006 Pleading / Motion / Brief
15

Order

May 26, 2006 Order/Opinion
20

Response to Motion to Dismiss

June 2, 2006 Pleading / Motion / Brief
21-1

Application for Preliminary Injunction

June 12, 2006 Pleading / Motion / Brief
24

Order

2006 WL 4958988

June 19, 2006 Order/Opinion
29

Order

2006 U.S.Dist.LEXIS 96183

June 26, 2006 Order/Opinion
46

Motion of Voluntary Dismissal

Nooner v. Brain

Dec. 14, 2006 Pleading / Motion / Brief
46

Motion to Dismiss

Dec. 14, 2006 Pleading / Motion / Brief

Resources

Title Description External URL

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5229553/nooner-v-norris/

Last updated May 20, 2022, 1:04 a.m.

ECF Number Description Date Link
63

ORDER denying 46 Motion to Dismiss 55 Motion to Dismiss 59 Motion to Dismiss. Signed by Judge Susan Webber Wright on 5/7/07. (dac)

May 7, 2007 RECAP
1

COMPLAINT against all defendants filed by Terrick Terrell Nooner; summonses issued and returned to counsel(jap) (Entered: 05/02/2006)

May 1, 2006
88

ORDER DENYING 67 70 Motion for Discovery; GRANTING 78 Motion to Consolidate Cases. The Clerk of the Court is directed to consolidate Williams v. Norris, 5:07cv00173 WRW with this case, Nooner v. Norris, 5:06cv00110 SWW. The parties are advised that all future motions, pleadings, orders and other filings in the consolidated cases will be filed in the LEAD CASE, 5:06CV00110. Signed by Judge Susan Webber Wright on 8/9/07. (dac)

Aug. 9, 2007 RECAP
2

APPLICATION for Leave to Appear purs to Local Rule 83.5(d) by Julie Brain (jap) (Entered: 05/02/2006)

May 1, 2006
3

MOTION to Intervene by Don William Davis. (vjt) (Entered: 05/05/2006)

May 4, 2006
93

ORDER denying 87 Motion for Preliminary Injunction; denying 92 Motion to Stay. Signed by Judge Susan Webber Wright on 9/11/07. (dac)

Sept. 11, 2007 RECAP
4

SUMMONS Returned Executed. John Byus served on 5/3/2006, answer due 5/23/2006. (bkp, ) (MODIFICATION: Docket text modified on 5/8/2006 to correct the name of the party served.) (thd) (Entered: 05/08/2006)

May 5, 2006
116

ORDER granting 113 Motion to Stay as to Intervenor Don William Davis. Signed by Judge Susan Webber Wright on 10/30/07. (dac)

Oct. 30, 2007 RECAP
5

SUMMONS Returned Executed. Larry Norris served on 5/3/2006, answer due 5/23/2006. (bkp, ) (Entered: 05/08/2006)

May 5, 2006
119

ORDER STAYING CASE, pending the Supreme Court's decision in Baze v. Rees. The Clerk is directed to administratively terminate this case. It is Further Ordered that Plaintiffs shall have 30 days following a final decision by the Supreme Court in Baze in which to file a motion to reopen this case. Denying Without Prejudice 73 MOTION for Summary Judgment filed by Larry Norris, Gaylon Lay, John Byus. Signed by Judge Susan Webber Wright on 11/9/07. (dac)

Nov. 9, 2007 RECAP
6

SUMMONS Returned Executed. Gaylon Lay served on 5/4/2006, answer due 5/24/2006. (bkp, ) (Entered: 05/08/2006)

May 5, 2006
142

ORDER granting 128 Motion for Summary Judgment; granting 131 Motion to Lift Stay as to Don William Davis. The stay of execution granted by the Eighth Circuit as to Plaintiff Jones and the stay of execution granted by Chief Judge Holmes as to Plaintiff Nooner are still in place. Signed by Judge Susan Webber Wright on 8/5/08. (dac)

Aug. 5, 2008 RECAP
7

SUMMONS Returned Executed. Wendy Kelly served on 5/3/2006, answer due 5/23/2006. (bkp, ) (Entered: 05/08/2006)

May 5, 2006

Set/Reset Deadlines: John Byus answer due 5/23/2006. (bfw) (Entered: 05/08/2006)

May 5, 2006

***Answer Deadline set for Terrick Nooner terminated. (bfw) (Entered: 05/08/2006)

May 5, 2006

NOTICE OF DOCKET CORRECTION re: 4 Summons Returned Executed. CORRECTION: Docket text modified to reflect the correct party served as Defendant John Byus. (thd) (Entered: 05/08/2006)

May 8, 2006
8

CERTIFICATE OF MAILING by the Clerk re Notice of Docket Correction. (thd) (Entered: 05/08/2006)

May 8, 2006
9

RESPONSE to Motion re 3 MOTION to Intervene filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. (Svoboda, Joseph) (Entered: 05/15/2006)

May 15, 2006
10

Notice of Appearance by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. (Hagemeier, Mark) (Modified entry on 5/16/2006 to correct text − incorrectly filed as a motion) (bfw). (Entered: 05/15/2006)

May 15, 2006

***Attorney Mark Arnold Hagemeier for Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, and all other unnamed employees and agents of the Arkansas

May 15, 2006

NOTICE OF DOCKET CORRECTION: 10 MOTION for Leave to Appear Notice of Appearance − (modified entry incorrectly filed as a motion to correct text to Notice of Appearance) (bfw) (Entered: 05/16/2006)

May 16, 2006
11

ORDER directing plaintiff to, within 30 days of the entry date of this order, submit either an application requesting leave to proceed ifp or the $350 filing fee in full; and granting 2 Motion for Leave to Appear of Julie Brain. Signed by Judge John F. Forster Jr. on 5/17/06. (bkp, ) (Entered: 05/17/2006)

May 17, 2006
12

CERTIFICATE OF MAILING by the Clerk re 11 Order on Motion for Leave to Appear, (bkp, ) (Entered: 05/17/2006)

May 17, 2006
13

MOTION to Dismiss by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. (Svoboda, Joseph) (Entered: 05/19/2006)

May 19, 2006
14

BRIEF IN SUPPORT filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does re 1 Complaint Brief in Support of Motion to Dismiss . (Svoboda, Joseph) (Entered: 05/19/2006)

May 19, 2006
15

ORDER re 3 Motion to Intervene, Don William Davis is hereby granted leave to intervene as a plaintiff in this action . Signed by Judge Susan Webber Wright on 5/26/06. (vjt) (Entered: 05/26/2006)

May 26, 2006
16

CERTIFICATE OF MAILING by the Clerk re 15 Order on Motion to Intervene (vjt) (Entered: 05/26/2006)

May 26, 2006
17

ORDER that the referral to the Magistrate Judge in this matter should be terminated. Signed by Judge Susan Webber Wright on 5/30/06. (vjt) (Entered: 05/31/2006)

May 30, 2006

Judge John F. Forster, Jr no longer assigned to case per Order 17 . (vjt) (Entered: 05/31/2006)

May 30, 2006
18

CERTIFICATE OF MAILING by the Clerk re 17 Order (vjt) (Entered: 05/31/2006)

May 31, 2006
19

MOTION for Leave to Proceed in forma pauperis by Terrick Terrell Nooner. (Brain, Julie) (Entered: 05/31/2006)

May 31, 2006
20

RESPONSE in Opposition re 13 MOTION to Dismiss filed by Terrick Terrell Nooner. (Brain, Julie) (Entered: 06/02/2006)

June 2, 2006
21

MOTION for Preliminary Injunction by Don William Davis. (Attachments: # 1 Exhibit 1−ADC Admn Directive 96−06# 2 Exhibit 2−Newspaper article 3−5−83 "Pharmacy Dean resents role"# 3 Exhibit 3−Newspaper Article 3−12−83 "May Not Sign Injection Bill"# 4 Exhibit 4−Newspaper article 5−15−83 "Sponsor Recalls Lethal Injection Bill"# 5 Exhibit Newspaper Article 3−26−83 Clinton Signs Injection Bill# 6 Exhibit 6A# 7 Exhibit 6−B# 8 Exhibit 6−C# 9 Exhibit 6−D# 10 Exhibit 7# 11 Exhibit 8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11# 15 Exhibit 12# 16 Exhibit 13# 17 Exhibit 14# 18 Exhibit 15# 19 Exhibit 16# 20 Exhibit 17# 21 Exhibit 18# 22 Exhibit 19# 23 Exhibit 20# 24 Exhibit 21# 25 Exhibit 22# 26 Exhibit 23# 27 Exhibit 24# 28 Exhibit 25# 29 Exhibit 26# 30 Errata 27# 31 Exhibit 28# 32 Exhibit 29# 33 Exhibit 30# 34 Exhibit 31# 35 Exhibit 32# 36 Exhibit 33# 37 Exhibit 34# 38 Exhibit 35# 39 Exhibit 36# 40 Exhibit 37# 41 Exhibit 38# 42 Exhibit 39# 43 Exhibit 40# 44 Exhibit 41# 45 Exhibit 42# 46 Exhibit 43# 47 Exhibit 44# 48 Exhibit 45# 49 Exhibit 46# 50 Exhibit 47# 51 Exhibit 48# 52 Exhibit 49# 53 Exhibit INDEX)(Schay, E.) (Entered: 06/12/2006)

June 12, 2006
22

MOTION for Leave to Proceed in forma pauperis filed by Don William Davis. (pag, )(copy mailed) (Entered: 06/13/2006)

June 12, 2006
24

ORDER denying 13 Defts' Motion to Dismiss . Signed by Judge Susan Webber Wright on 6/19/06. (vjt) (Entered: 06/19/2006)

June 19, 2006
25

CERTIFICATE OF MAILING by the Clerk re 24 Order on Motion to Dismiss (vjt) (Entered: 06/19/2006)

June 19, 2006
26

ORDER Directing Monthly Payments be made from Prison Accounts of Terrick Nooner and Don William Davis until the $350 filing fee is paid in full; granting motions for leave to proceed ifp 19 22 ; the Court assesses an initial partial filing fee of $11.87 for Nooner and $75.74 for Davis. Signed by Judge Susan Webber Wright on 6/19/06. (vjt) (Entered: 06/20/2006)

June 19, 2006
27

CERTIFICATE OF MAILING by the Clerk re 26 Order Directing Prisoner Payment, Terminate Motions (copy of Order forwarded to Warden−Varner Supermax, ADC Compliance Office and ADC Trust Fund Office) (vjt) (Entered: 06/20/2006)

June 20, 2006
28

RESPONSE to Motion re 21 MOTION for Preliminary Injunction filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. (Attachments: # 1 Defendant's Exhibit A)(Svoboda, Joseph) (Entered: 06/22/2006)

June 22, 2006
29

ORDER granting 21 Davis's motion for preliminary injunction; IT IS HEREBY ORDERED that the State of Arkansas is STAYED from implementing an order for the execution of Don William Davis until further notice from this Court; the Court will attempt to set an expedited hearing, depending on the schedules of the involved parties. Signed by Judge Susan Webber Wright on 6/26/06. (vjt) (Entered: 06/26/2006)

June 26, 2006
30

CERTIFICATE OF MAILING by the Clerk re 29 Order on Motion for Preliminary Injunction (vjt) (Entered: 06/26/2006)

June 26, 2006
31

NOTICE OF AMENDMENT AND CORRECTION TO ORDER 29 ENTERED June 26, 2006, the footnote contains an error. (vjt) (Entered: 06/27/2006)

June 27, 2006
32

CERTIFICATE OF MAILING by the Clerk re 31 Notice of Amendment and Correction (vjt) (Entered: 06/27/2006)

June 27, 2006
33

NOTICE OF APPEAL as to 29 Order on Motion for Preliminary Injunction, by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. Filing fee $ 455, receipt number 001369. (dac, ) (Entered: 06/30/2006)

June 30, 2006
34

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 33 Notice of Appeal, 29 Order on Motion for Preliminary Injunction. (dac, ) (Entered: 06/30/2006)

June 30, 2006

*** COA BATCH RECEIPT of Notice of Appeal and related supporting documents sent on: Fri Jun 30 13:27:46 CDT 2006 (dac, ) (Entered: 06/30/2006)

June 30, 2006
35

CERTIFICATE OF MAILING by the Clerk re 33 Notice of Appeal, 34 Notification of Appeal and NOA Supplement (dac, ) (Entered: 06/30/2006)

June 30, 2006
36

USCA Docketing Letter as to 33 Notice of Appeal filed by John Byus, Gaylon Lay, Larry Norris, Does, Wendy Kelly. USCA Case Number 06−2748 (dac, ) (Entered: 06/30/2006)

June 30, 2006
37

ANSWER to Complaint by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does.(Svoboda, Joseph) (Entered: 07/05/2006)

July 5, 2006
38

ORDER advising pltf Nooner that if he wishes to pursue claims in addition to those at issue in this action, he must file a separate lawsuit. Signed by Judge Susan Webber Wright on 8/8/06. (vjt) (Entered: 08/08/2006)

Aug. 8, 2006
39

CERTIFICATE OF MAILING by the Clerk re 38 Order (vjt) (Entered: 08/08/2006)

Aug. 8, 2006

***Party Jack Harold Jones, Jr rep by Dale E. Adams &Jeffrey M. Rosenzweig added. (smb) (Entered: 11/22/2006)

Nov. 22, 2006
41

RESPONSE to Motion re 40 MOTION to Intervene filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus, Does. (Svoboda, Joseph) (Entered: 11/29/2006)

Nov. 29, 2006

***Party Jack Harold Jones, Jr rep by Dale E. Adams, Jeffrey M. Rosenzweig added. Party Jack Harold Jones, Jr terminated. (dac, ) (Entered: 12/01/2006)

Dec. 1, 2006
42

ORDER granting 40 Motion to Intervene of Jack Harold Jones, Jr. Signed by Judge Susan Webber Wright on 12/1/06. (dac, ) (Entered: 12/01/2006)

Dec. 1, 2006
43

CERTIFICATE OF MAILING by the Clerk re 42 Order on Motion to Intervene (dac, ) (Entered: 12/01/2006)

Dec. 1, 2006
44

ORDER, Clerk is directed to return to Plaintiff Nooner without docketing his "Motion of Amended Civil Action". Signed by Judge Susan Webber Wright on 12/13/06. (dac, ) (Entered: 12/13/2006)

Dec. 13, 2006
45

CERTIFICATE OF MAILING by the Clerk re 44 Order (dac, ) (Entered: 12/13/2006)

Dec. 13, 2006
46

MOTION (pro se) of Voluntary Dismissal by Terrick Terrell Nooner. (dac, ) (Modified entry on 12/15/2006 to attach correct document − motion &notice combined as one document at the direction of chambers) (bfw). (Entered: 12/15/2006)

Dec. 14, 2006
47

NOTICE OF DOCKET CORRECTION: 46 MOTION to Dismiss − (modified entry to attach correct document; motion &notice combined at the direction of chambers) (copy of document attached hereto for service on counsel) (bfw) (Entered: 12/15/2006)

Dec. 15, 2006
48

CERTIFICATE OF MAILING by the Clerk re 47 Notice of Docket Correction, 46 MOTION to Dismiss (dac, ) (Entered: 12/15/2006)

Dec. 15, 2006
49

ORDER Julie Brian, FPD is directed to respond within 15 days from the entry date of this order to Nooner's 46 Motion to Dismiss . Signed by Judge Susan Webber Wright on 12/15/06 (dac, ) (Entered: 12/18/2006)

Dec. 15, 2006
50

CERTIFICATE OF MAILING by the Clerk re 49 Order on Motion to Dismiss (dac, ) (Entered: 12/18/2006)

Dec. 18, 2006
51

MOTION to Substitute Attorney C. Joseph Cordi, Jr., in place of Mark Hagemeier by all Defendants by Larry Norris. (Cordi, C.) (Entered: 01/02/2007)

Jan. 2, 2007
52

RESPONSE to Motion re 46 MOTION to Dismiss filed by Terrick Terrell Nooner. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Brain, Julie) (Entered: 01/03/2007)

Jan. 3, 2007

***Set/Clear Flags (pag, ) (Entered: 01/04/2007)

Jan. 4, 2007
53

ORDER granting 51 Motion to Substitute Attorney. Added attorney C. Joseph Cordi, Jr for Gaylon Lay and Wendy Kelly. Attorney Mark Arnold Hagemeier terminated . Signed by Judge Susan Webber Wright on 1/4/07. (dac, ) (Entered: 01/04/2007)

Jan. 4, 2007
54

CERTIFICATE OF MAILING by the Clerk re 53 Order on Motion to Substitute Attorney (dac, ) (Entered: 01/04/2007)

Jan. 4, 2007
55

AMENDED MOTION to Voluntary Dismiss by Terrick Terrell Nooner (copy mailed) (dac) (Entered: 03/27/2007)

March 27, 2007
57

ORDER, defendant's counsel is directed to file a response to Nooner's 46 motion for voluntary dismissal and Nooner's 55 amended motion for voluntary dismissal within 15 days from the entry date of this order. Signed by Judge Susan Webber Wright on 3/27/07. (dac) (Entered: 03/27/2007)

March 27, 2007
59

AMENDMENT TO MOTION to Dismiss by Terrick Terrell Nooner (dac) (Entered: 04/05/2007)

April 5, 2007
62

REPLY to Response to Motion re 59 MOTION to Dismiss Pro Se Filings filed by Terrick Terrell Nooner. (Brain, Julie) (Entered: 04/18/2007)

April 18, 2007
65

OPINION of USCA, because the district court failed to apply the correct legal standard, we reverse the district court's grant of a preliminary injunction, and we vacate the stay of execution it issued in this case, as to 33 Notice of Appeal filed by Does, Larry Norris, Wendy Kelly, Gaylon Lay, John Byus. (dac) (Entered: 07/09/2007)

July 9, 2007
66

USCA JUDGMENT as to 33 Notice of Appeal filed by Does, Larry Norris, Wendy Kelly, Gaylon Lay, John Byus. Judgment of the district court is reversed and the stay of execution is vacated in accordance with the opinion of this court (dac) (Entered: 07/09/2007)

July 9, 2007
67

MOTION for Discovery Expedited by Terrick Terrell Nooner (Brain, Julie) (Entered: 07/10/2007)

July 10, 2007
68

MOTION to Shorten Time for Response to Motion for Expedited Discovery by Terrick Terrell Nooner (Brain, Julie) (Entered: 07/11/2007)

July 11, 2007
69

RESPONSE to Motion re 68 MOTION to Shorten Time for Response to Motion for Expedited Discovery filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. (Cordi, C.) (Entered: 07/11/2007)

July 11, 2007
70

Amended MOTION for Discovery Expedited by Terrick Terrell Nooner (Brain, Julie) (Entered: 07/12/2007)

July 12, 2007
71

ORDER granting in part 68 Motion to Shorten Time for Defendants' to Respond to Motion for Expedited Discovery. Defendants have up to and including 7/17/07 to file a response.Signed by Judge Susan Webber Wright on 7/16/07. (dac) (Entered: 07/16/2007)

July 16, 2007
73

MOTION for Summary Judgment by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus (Cordi, C.) (Entered: 07/17/2007)

July 17, 2007
74

STATEMENT OF FACTS (Local Rule 56.1) re 73 Motion for Summary Judgment filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. (Attachments: # 1 Declaration of Larry Norris# 2 Exhibit A to Declaration of Larry Norris# 3 Declaration of Dr. Mark Dershwitz)(Cordi, C.) (Entered: 07/17/2007)

July 17, 2007
75

BRIEF IN SUPPORT filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus re 73 Motion for Summary Judgment (Cordi, C.) (Entered: 07/17/2007)

July 17, 2007
76

RESPONSE to Motion re 67 MOTION for Discovery Expedited , 70 Amended MOTION for Discovery Expedited filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. (Attachments: # 1 Exhibit A, Nooner's Request for Production of Documents# 2 Exhibit B, Nooner's Interrogatories to Defendants)(Cordi, C.) (Entered: 07/17/2007)

July 17, 2007
77

DECLARATION (Substituted) of Larry Norris bearing his signature by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. re 74 Statement of Facts (Local Rule 56.1), Statement of Facts (Local Rule 56.1) filed by Larry Norris, Wendy Kelly, Gaylon Lay, John Byus (Cordi, C.) (Entered: 07/17/2007)

July 17, 2007
78

MOTION to Consolidate Cases by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus (Attachments: # 1 Notice of Related Case Filed in Williams v. Norris, 5:07cv173 WRW/HDY)(Cordi, C.) (Entered: 07/23/2007)

July 23, 2007
79

BRIEF IN SUPPORT filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus re 78 Motion to Consolidate Cases (Cordi, C.) (Entered: 07/23/2007)

July 23, 2007
81

STATEMENT OF FACTS (Local Rule 56.1) re 80 Response in Opposition to Motion For Summary Judgment filed by Terrick Terrell Nooner. (Attachments: # 1 Exhibit Index)(Brain, Julie) (Entered: 07/30/2007)

July 30, 2007
82

EXHIBITS 1 − 50 to 81 Statement of Facts (Local Rule 56.1) filed by plaintiffs. (available in 2 spiral binders, PAPER FORMAT ONLY) (dac) (Entered: 07/31/2007)

July 31, 2007
83

REPLY to Response to Motion re 67 MOTION for Discovery Expedited filed by Terrick Terrell Nooner. (Brain, Julie) (Entered: 08/01/2007)

Aug. 1, 2007
84

RESPONSE in Opposition re 78 MOTION to Consolidate Cases By Frank Williams filed by Terrick Terrell Nooner. (Brain, Julie) (Entered: 08/03/2007)

Aug. 3, 2007
85

REPLY to Response to Motion re 73 MOTION for Summary Judgment filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. (Cordi, C.) (Entered: 08/03/2007)

Aug. 3, 2007
86

NOTICE of Appearance by Kelly K. Hill on behalf of all defendants (Hill, Kelly) (Entered: 08/06/2007)

Aug. 6, 2007
87

MOTION for Preliminary Injunction or Stay of Execution by Terrick Terrell Nooner (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Brain, Julie) (Entered: 08/08/2007)

Aug. 8, 2007
89

MOTION for Order to Cease Collecting Filing Fee and to Remit Fee Already Collected by Frank Williams by Terrick Terrell Nooner (Brain, Julie) (Entered: 08/22/2007)

Aug. 22, 2007
90

RESPONSE in Opposition re 87 MOTION for Preliminary Injunction or Stay of Execution filed by Larry Norris, Gaylon Lay, Wendy Kelly, John Byus. (Cordi, C.) (Entered: 08/22/2007)

Aug. 22, 2007
91

REPLY to Response to Motion re 87 MOTION for Preliminary Injunction or Stay of Execution filed by Terrick Terrell Nooner. (Brain, Julie) (Entered: 08/28/2007)

Aug. 28, 2007
92

MOTION to Stay Execution or for Preliminary Injunction by Jack Harold Jones, Jr (Rosenzweig, Jeffrey) (Entered: 09/04/2007)

Sept. 4, 2007
94

ORDER of USCA the petition for rehearing en banc is denied. The petition for rehearing by the panel is also denied as to 33 Notice of Appeal filed by Does, Larry Norris, Wendy Kelly, Gaylon Lay, John Byus (dac) (Entered: 09/13/2007)

Sept. 13, 2007
95

NOTICE OF APPEAL as to 93 Order on Motion for Preliminary Injunction, Order on Motion to Stay by Jack Harold Jones, Jr. (Rosenzweig, Jeffrey) (Entered: 09/18/2007)

Sept. 18, 2007
96

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 95 Notice of Appeal, 93 Order on Motion for Preliminary Injunction, Order on Motion to Stay. (dac) (Entered: 09/19/2007)

Sept. 19, 2007

State / Territory: Arkansas

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: May 1, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three Arkansas death row inmates claiming that the protocol for carrying out execution by lethal injection in Arkansas violates the Fifth, Eighth, and Fourteenth Amendments of the United States Constitution

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Arkansas Department of Corrections (Grady , Lincoln), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

Death Penalty:

Lethal Injection - Chemicals Used

Lethal Injection - General