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Case: Jackson v. Taylor

1:06-cv-00300 | U.S. District Court for the District of Delaware

Filed Date: May 8, 2006

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On May 8, 2006, a prisoner of the State of Delaware filed a lawsuit under 42 U.S.C. Section 1983 against the Delaware Department of Corrections in the U.S. District Court for the District of Delaware. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendment right to be free from cruel and unu…

On May 8, 2006, a prisoner of the State of Delaware filed a lawsuit under 42 U.S.C. Section 1983 against the Delaware Department of Corrections in the U.S. District Court for the District of Delaware. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendment right to be free from cruel and unusual punishment.

On May 9, 2006, the U.S. District Court for the District of Delaware (Judge Sue L. Robinson) granted the plaintiff's request for a preliminary injunction, holding that the U.S. Supreme Court's pending decision in Hill v. McDonough (CJ-FL-002) would have an impact on the outcome of this case. Jackson v. Taylor, No. 06-0300, 2006 U.S.Dist.LEXIS 27658 (D.Del. 2006).

On October 11, 2006, the case was referred to mediation. On December 1, 2006, the plaintiff asked the court to certify the case as a class action, and on February 23, 2007, the District Court (Judge Robinson) certified a plaintiff class of all inmates scheduled to be executed by the State of Delaware.

During the course of the litigation, the Defendants amended their lethal injection protocol twice in an effort to comport with the United States Supreme Court's decision in Baze v. Rees, which upheld Kentucky's lethal injection protocol against a similar Eighth Amendment challenge.

On March 11, 2009 the United States District Court for the District of Delaware granted the Defendants' motion for summary judgment. While the District Court acknowledged that the Defendants had at times failed to follow their own procedures, the Plaintiffs had failed to show a "substantial risk of an inadequate dose of sodium thiopental." However, the District Court stayed the executions pending appeal.

On February 1, 2010 the United States Court of Appeals for the Third Circuit issued an opinion affirming the District Court's grant of summary judgment. The Court of Appeals made clear that in order to prevail on a claim, the Plaintiffs needed to demonstrate that "the conditions presenting the risk must be 'sure or very likely to cause serious illness and needless suffering,' and give rise to 'sufficiently imminent dangers." In other words, the Court of Appeals found that "Delaware's 2008 Protocol is not unconstitutional under existing Supreme Court precedent." The Supreme Court denied certiorari on October 12, 2010.

After the Court of Appeals upheld the District Court's grant of summary judgment, the Plaintiffs filed a motion to reopen the case under Federal Rule Civil Procedure 60(b)(6) and (d) and a motion to stay the execution with the District Court. The District Court found that a stay was not warranted because Plaintiffs had "not carried their burden to prove that they are likely to succeed on the merits of their Eighth Amendment claim." On July 28, 2011 the Court of Appeals affirmed the judgment of the District Court. Following the Supreme Court's denial of certiorari, and Plaintiff Robert Jackson was executed just after midnight on July 29, 2011, by lethal injection.

The Court of Appeals, in a written opinion that followed Mr. Jackson's execution, found that the District Court had not abused its discretion in denying the stay of execution. Specifically, the Court of Appeals wrote that the District Court had not abused its discretion when it found that the plaintiffs had failed to "demonstrate that the substitution of pentobarbital resulted in a constitutionally unacceptable risk of pain and suffering."

As of July 27, 2011 the case has been closed

Summary Authors

Justin Benson (3/1/2012)

Related Cases

Hill v. McDonough, Northern District of Florida (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4216973/parties/jackson-v-danberg/


Judge(s)

Ambro, Thomas L. (Delaware)

Fisher, D. Michael (Pennsylvania)

Hardiman, Thomas Michael (Pennsylvania)

Robinson, Sue Lewis (Delaware)

Van Antwerpen, Franklin Stuart (Pennsylvania)

Attorneys(s) for Plaintiff

Marino, Helen (Pennsylvania)

McCracken, Megan (Pennsylvania)

Nolas, Billy H (Pennsylvania)

Pulzetti, Maria K (Pennsylvania)

Rowley, Maureen Kearny (Pennsylvania)

Judge(s)

Ambro, Thomas L. (Delaware)

Fisher, D. Michael (Pennsylvania)

Hardiman, Thomas Michael (Pennsylvania)

Robinson, Sue Lewis (Delaware)

Van Antwerpen, Franklin Stuart (Pennsylvania)

Attorneys(s) for Plaintiff

Marino, Helen (Pennsylvania)

McCracken, Megan (Pennsylvania)

Nolas, Billy H (Pennsylvania)

Pulzetti, Maria K (Pennsylvania)

Rowley, Maureen Kearny (Pennsylvania)

Wiseman, Michael (Pennsylvania)

Attorneys(s) for Defendant

Foley , Thomas A. (Delaware)

Malik , John S. (Delaware)

McFarlin , Elizabeth Roberts (Delaware)

Meyers , Loren (Delaware)

Niedzielski, Marc P. (Delaware)

Smith, Gregory E. (Delaware)

Wallace, Paul R (Delaware)

Documents in the Clearinghouse

Document

1:06-cv-00300

Civil Docket (PACER)

Nov. 17, 2001

Nov. 17, 2001

Docket
2

1:06-cv-00300

Complaint

May 8, 2006

May 8, 2006

Complaint
6

1:06-cv-00300

Motion for Preliminary Injunction

May 8, 2006

May 8, 2006

Pleading / Motion / Brief
9

1:06-cv-00300

Memorandum Order

May 9, 2006

May 9, 2006

Order/Opinion
32

1:06-cv-00300

Opinion

Jackson v. Danberg

Feb. 22, 2007

Feb. 22, 2007

Order/Opinion
122

1:06-cv-00300

Defendants' Opening Brief in Support of their Motion for Summary Judgment

Jackson v. Danberg

Dec. 19, 2008

Dec. 19, 2008

Pleading / Motion / Brief
124

1:06-cv-00300

Plaintiffs' Brief in Opposition to Defendants' Motion for Summary Judgment

Jackson v. Danberg

Jan. 16, 2009

Jan. 16, 2009

Pleading / Motion / Brief
129

1:06-cv-00300

Memorandum Opinion

Jackson v. Danberg

March 11, 2009

March 11, 2009

Order/Opinion

1:06-cv-00300

Opinion of the Court

Jackson v. Danberg

U. S. Court of Appeals for the Third Circuit

Feb. 1, 2010

Feb. 1, 2010

Order/Opinion
166

1:06-cv-00300

Memorandum Order

Jackson v. Danberg

July 27, 2011

July 27, 2011

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4216973/jackson-v-danberg/

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

ECF Number Description Date Link Date / Link
1

MOTION for Leave to Proceed in forma pauperis - filed by Robert W. Jackson, III. (dab, ) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

RECAP
2

COMPLAINT filed pursuant to 42:1983 against Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll - filed by Robert W. Jackson, III. (Attachments: # 1 Civil Cover Sheet)(dab, ) (Entered: 05/08/2006)

1 Civil Cover Sheet

View on PACER

May 8, 2006

May 8, 2006

RECAP
3

Notice of Availability of a U.S. Magistrate Judge to Exercise Jurisdiction (Attachments: # 1 Acknowledgement of Consent Form) (dab, ) (Entered: 05/08/2006)

1 Acknowledgement of Consent Form

View on PACER

May 8, 2006

May 8, 2006

RECAP
4

MOTION for Discovery - filed by Robert W. Jackson, III. (Attachments: # 1 Text of Proposed Order)(Wiseman, Michael) (Entered: 05/08/2006)

1 Text of Proposed Order

View on PACER

May 8, 2006

May 8, 2006

RECAP
5

OPENING BRIEF in Support re 4 MOTION for Discovery filed by Robert W. Jackson, III.Answering Brief/Response due date per Local Rules is 5/22/2006. (Wiseman, Michael) (Entered: 05/08/2006)

May 8, 2006

May 8, 2006

RECAP
6

MOTION for Preliminary Injunction - filed by Robert W. Jackson, III. (Attachments: # 1 Text of Proposed Order # 2 Exhibit Part 1 of 3# 3 Exhibit Part 2 of 3# 4 Exhibit Part 3 of 3)(Wiseman, Michael) (Entered: 05/08/2006)

1 Text of Proposed Order

View on PACER

2 Exhibit Part 1 of 3

View on PACER

3 Exhibit Part 2 of 3

View on PACER

4 Exhibit Part 3 of 3

View on PACER

May 8, 2006

May 8, 2006

RECAP
7

NOTICE of by Robert W. Jackson, III Notice of Filing of Proposed Order (Attachments: # Text of Proposed Order)(Wiseman, Michael) Additional attachment(s) added on 5/9/2006 (fmt, ). (Entered: 05/09/2006)

2 Text of Proposed Order

View on PACER

May 9, 2006

May 9, 2006

RECAP
8

ORDER granting Motion to Proceed IFP. Filing Fee of $350.00 Assessed. Plaintiff requested to submit trust fund account statement. Notice of Compliance deadline set for 6/12/2006. Signed by Judge Sue L. Robinson on 5/9/06. (fmt, ) Modified on 5/9/2006 (fmt, ). (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

RECAP
9

MEMORANDUM ORDER granting 6 MOTION for Preliminary Injunction filed by Robert W. Jackson, III. The case is STAYED until 7/24/06, when the court shall conduct a telephonic status conference with the parties at 3:00 p.m. It is further ordered that defendants, and their agents, employees and contractors, are here ENJOINED from carrying out plaintiff's execution until further order of this court. Signed by Judge Sue L. Robinson on 5/9/06. (fmt, ) (Entered: 05/09/2006)

May 9, 2006

May 9, 2006

RECAP
10

Letter to Judge Robinson from Robert Jackson, III regarding filing fee; requesting that the court address all further issues to attorneys (fmt, ) (Entered: 06/13/2006)

June 12, 2006

June 12, 2006

RECAP
11

TRANSCRIPT of Telephone Conference held on 5/9/06 before Judge Robinson. Court Reporter: V. Gunning. (Transcript on file in Clerk's Office) (fmt, ) (Entered: 07/10/2006)

July 5, 2006

July 5, 2006

PACER
12

ORDER Set/Reset Answer Deadlines: Paul Howard answer due 9/24/2006; Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution answer due 9/24/2006; Stanley W. Taylor, Jr answer due 9/24/2006; Thomas L. Carroll answer due 9/24/2006. Scheduling TeleConference set for 10/4/2006 04:30 PM before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 7/24/06. (Attachments: # 1 Sample Discovery Order)(rld, ) (Entered: 07/24/2006)

1 Sample Discovery Order

View on PACER

July 24, 2006

July 24, 2006

RECAP
13

SEALED TRANSCRIPT of Telephone Conference held on 7/24/06 before Judge Robinson. Court Reporter: Hawkins Reporting Service. (Transcript on file in Clerk's Office) (fmt, ) (Entered: 08/11/2006)

Aug. 11, 2006

Aug. 11, 2006

PACER
14

ANSWER to Complaint by Paul Howard, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 09/08/2006)

1 Certificate of Compliance service

View on PACER

Sept. 8, 2006

Sept. 8, 2006

RECAP
15

PROPOSED ORDER Scheduling by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 10/03/2006)

1 Certificate of Compliance service

View on PACER

Oct. 3, 2006

Oct. 3, 2006

RECAP
16

NOTICE OF SERVICE of Document Production re 4 MOTION for Discovery by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. Related document: 4 MOTION for Discovery filed by Robert W. Jackson, III. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 10/03/2006)

1 Certificate of Compliance service

View on PACER

Oct. 3, 2006

Oct. 3, 2006

RECAP
17

PROPOSED ORDER Autopsy Records re 16 Notice of Service, by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 10/03/2006)

1 Certificate of Compliance service

View on PACER

Oct. 3, 2006

Oct. 3, 2006

RECAP
18

RESPONSE to Plaintiff's Motion for Discovery by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance Service)(Smith, Gregory) Modified on 10/4/2006 (fmt, ). (Entered: 10/04/2006)

1 Certificate of Compliance Service

View on PACER

Oct. 4, 2006

Oct. 4, 2006

RECAP
19

ORDER granting pltf.'s discovery request re copies of autopsy reports for each execution accomplished by lethal injection from its inception to date, subject to limitations on secondary disclosures. Signed by Judge Sue L. Robinson on 10/4/06. (rld, ) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

RECAP
20

SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 12/1/2006. Amended Pleadings due by 12/1/2006. Discovery due by 6/30/2007. Motions in Limine due by 6/6/2007. Responses to Motions in Limine due by 6/13/2007. Pretrial Conference set for 6/20/2007 04:30 PM in Courtroom 6B before Honorable Sue L. Robinson. Bench Trial set for 7/23/2007 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 10/4/06. (rld, ) (Entered: 10/06/2006)

Oct. 6, 2006

Oct. 6, 2006

RECAP
21

Order Setting Teleconference: Telephone Conference set for 11/27/2006 09:30 AM before Honorable Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 10/11/2006. (cab, ) (Entered: 10/11/2006)

Oct. 11, 2006

Oct. 11, 2006

RECAP
22

ORDER ReSetting Scheduling Order Deadlines: Bench Trial reset for 9/10/2007 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 10/23/06. (rld, ) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

RECAP
23

ORDER ReSetting Scheduling Order Deadlines Bench Trial reset for 9/4/2007 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 10/25/06. (rld, ) (Entered: 10/25/2006)

Oct. 25, 2006

Oct. 25, 2006

RECAP
24

NOTICE OF SERVICE of Document Production by Paul Howard, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) Modified on 11/3/2006 (fmt, ). (Entered: 11/03/2006)

1 Certificate of Compliance service

View on PACER

Nov. 3, 2006

Nov. 3, 2006

RECAP
25

ORDER Setting Mediation Conferences:Mediation Conference set for 6/15/2007 at 10:00 AM in Courtroom 6C before Honorable Mary Pat Thynge. Signed by Judge Mary Pat Thynge on 11/27/2006. (cak) (Entered: 11/27/2006)

Nov. 27, 2006

Nov. 27, 2006

RECAP
26

MOTION to Certify Class Plaintiff's Motion for Class Certification - filed by Robert W. Jackson, III. (Attachments: # 1 Exhibit Proposed Notice to the Class# 2 Text of Proposed Order Proposed Order)(Wiseman, Michael) (Entered: 12/01/2006)

1 Exhibit Proposed Notice to the Class

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

Dec. 1, 2006

Dec. 1, 2006

RECAP
27

OPENING BRIEF in Support re 26 MOTION to Certify Class Plaintiff's Motion for Class Certification Plaintiff's Memorandum in Support of Motion for Class Certification filed by Robert W. Jackson, III.Answering Brief/Response due date per Local Rules is 12/18/2006. (Wiseman, Michael) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

RECAP
28

MEMORANDUM in Opposition re 26 MOTION to Certify Class Plaintiff's Motion for Class Certification, 27 Opening Brief in Support, filed by Paul Howard, Stanley W. Taylor, Jr, Thomas L. Carroll.Reply Brief due date per Local Rules is 1/11/2007. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 12/29/2006)

1 Certificate of Compliance service

View on PACER

Dec. 29, 2006

Dec. 29, 2006

RECAP
29

REPLY BRIEF re 26 MOTION to Certify Class Plaintiff's Motion for Class Certification Plaintiff's Reply Memorandum in Support of Motion for Class Certification filed by Robert W. Jackson, III. (Wiseman, Michael) (Entered: 01/05/2007)

Jan. 5, 2007

Jan. 5, 2007

RECAP
30

ORDER Setting Hearing on Motion 26 MOTION to Certify Class Plaintiff's Motion for Class Certification : Motion Hearing set for 2/8/2007 10:00 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 1/24/07. (rld) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

RECAP
31

TRANSCRIPT of Oral Argument held on 2/8/07 before Judge Robinson. Court Reporter: V. Gunning. (Transcript on file in Clerk's Office) (fmt) (Entered: 02/21/2007)

Feb. 21, 2007

Feb. 21, 2007

PACER
32

MEMORANDUM OPINION. Signed by Judge Sue L. Robinson on 2/22/07. (rld) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

RECAP
33

ORDER granting 26 Motion to Certify Class; the following are appointed class counsel with the understanding and agreement that counsel will not petition for fees or costs: Michael Wiseman, Helen Marino, and Megan McCracken; class counsel shall provide one copy to each member of the class and a copy(ies) will be posted prominently in the area(s) in which the class is incarcerated. Signed by Judge Sue L. Robinson on 2/22/07. (rld) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

RECAP
34

NOTICE OF SERVICE of Response to Plaintiff's First Set of Interrogatories by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.(Smith, Gregory) (Entered: 03/22/2007)

March 22, 2007

March 22, 2007

RECAP
35

NOTICE OF SERVICE of Document Production by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 05/07/2007)

1 Certificate of Compliance service

View on PACER

May 7, 2007

May 7, 2007

RECAP
36

Order Setting Teleconference: Telephone Conference set for 5/31/2007 at 9:00 AM before Honorable Mary Pat Thynge to discuss the status of the case and the mediation scheduled for June 15, 2007. Plaintiff's counsel shall initiate the teleconference call. Signed by Judge Mary Pat Thynge on 5/15/2007. (cak) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

RECAP
37

NOTICE OF SERVICE of Document Production re 35 Notice of Service, by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. Related document: 35 Notice of Service, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard. (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) (Entered: 05/16/2007)

1 Certificate of Compliance service

View on PACER

May 16, 2007

May 16, 2007

RECAP
38

MOTION for Protective Order - filed by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (McFarlan, Elizabeth) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

RECAP
39

MOTION to Continue Plaintffs' Motion to Amend Discovery Schedule and for a New Trial Date - filed by Robert W. Jackson, III. (Attachments: # 1 Certificate of Partial Concurrence# 2 Text of Proposed Order Proposed Order)(Wiseman, Michael) (Entered: 05/30/2007)

1 Certificate of Partial Concurrence

View on PACER

2 Text of Proposed Order Proposed Order

View on PACER

May 30, 2007

May 30, 2007

RECAP
40

RESPONSE to Motion re 39 MOTION to Continue Plaintffs' Motion to Amend Discovery Schedule and for a New Trial Date filed by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Compliance service)(Smith, Gregory) (Entered: 06/01/2007)

1 Text of Proposed Order

View on PACER

2 Certificate of Compliance service

View on PACER

June 1, 2007

June 1, 2007

RECAP
41

REPLY BRIEF Plaintiffs' Reply to Defendant's Response to Plaintiff's Motion to Amend the Discovery Schedule and for a New Trial Date D.I. 39 filed by Robert W. Jackson, III. (Wiseman, Michael) Modified on 6/4/2007 (fmt, ). (Entered: 06/04/2007)

June 4, 2007

June 4, 2007

RECAP
42

RESPONSE to Motion re 38 MOTION for Protective Order Plaintiffs' Answer in Opposition to Protective Order and Cross Motion filed by Robert W. Jackson, III. (Attachments: # 1 Text of Proposed Order)(Wiseman, Michael) (Entered: 06/07/2007)

1 Text of Proposed Order

View on PACER

June 7, 2007

June 7, 2007

RECAP
43

ORDER Motions terminated: MOTION to Compel is withdrawn without prejudice to renew filed by Robert W. Jackson, III, GRANTING 39 MOTION to Continue Plaintffs' Motion to Amend Discovery Schedule and for a New Trial Date filed by Robert W. Jackson, III, GRANTING 38 MOTION for Protective Order filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard. ReSetting Scheduling Order Deadlines: Pretrial Conference set for 10/1/2007 04:30 PM in Courtroom 6B before Honorable Sue L. Robinson.All discovery (fact and expert) due by 10/1/2007.Bench Trial set for 10/9/2007 09:30 AM in Courtroom 6B before Honorable Sue L. Robinson. Signed by Judge Sue L. Robinson on 6/8/07. (rld) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

RECAP
44

NOTICE OF SERVICE of Defendants' First Set of Interrogatories by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.(Smith, Gregory) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

RECAP
45

NOTICE OF SERVICE of Defendants' First Request for Production of Documents by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.(Smith, Gregory) (Entered: 06/08/2007)

June 8, 2007

June 8, 2007

RECAP
46

TRANSCRIPT of Telephone Conference held on 6/8/07 before Judge Robinson. Court Reporter: V. Gunning. (Transcript on file in Clerk's Office) (fmt) (Entered: 06/18/2007)

June 15, 2007

June 15, 2007

PACER
47

NOTICE of Discovery by Robert W. Jackson, III Notice of Response to Interrogatories (Wiseman, Michael) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

RECAP
48

NOTICE of Discovery by Robert W. Jackson, III Notice of Production of Documents (Wiseman, Michael) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

RECAP
49

MOTION to Take Deposition of Robert W. Jackson on August 8, 2007 - filed by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/12/2007)

1 Text of Proposed Order

View on PACER

2 Certificate of Compliance --service

View on PACER

July 12, 2007

July 12, 2007

RECAP
50

NOTICE to Take Deposition of Robert Jackson on August 8, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/20/2007)

1 Certificate of Compliance --service

View on PACER

July 20, 2007

July 20, 2007

RECAP
51

NOTICE to Take Deposition of Dr. Steven Katz on August 9, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/20/2007)

1 Certificate of Compliance --service

View on PACER

July 20, 2007

July 20, 2007

RECAP
52

NOTICE to Take Deposition of John Senders on August 27, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/20/2007)

1 Certificate of Compliance --service

View on PACER

July 20, 2007

July 20, 2007

RECAP
53

NOTICE to Take Deposition of Dr. Deborah Mash on September 7, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/20/2007)

1 Certificate of Compliance --service

View on PACER

July 20, 2007

July 20, 2007

RECAP
54

NOTICE to Take Deposition of Dr. Mark Heath on September 22, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 07/20/2007)

1 Certificate of Compliance --service

View on PACER

July 20, 2007

July 20, 2007

RECAP
55

MOTION to Amend/Correct Plaintiffs' Motion to Amend Complaint - filed by Robert W. Jackson, III. (Attachments: # 1 Amended Complaint Proposed Amendment# 2 Text of Proposed Order)(Wiseman, Michael) (Entered: 08/15/2007)

1 Amended Complaint Proposed Amendment

View on PACER

2 Text of Proposed Order

View on PACER

Aug. 15, 2007

Aug. 15, 2007

RECAP
56

OPENING BRIEF in Support re 55 MOTION to Amend/Correct Plaintiffs' Motion to Amend Complaint filed by Robert W. Jackson, III.Answering Brief/Response due date per Local Rules is 9/4/2007. (Wiseman, Michael) (Entered: 08/15/2007)

Aug. 15, 2007

Aug. 15, 2007

RECAP
57

NOTICE OF SERVICE of Document Production re 16 Notice of Service, 37 Notice of Service,, 35 Notice of Service, 24 Response to Discovery by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. Related document: 16 Notice of Service, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard, 37 Notice of Service,, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard, 35 Notice of Service, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard, 24 Response to Discovery filed by Stanley W. Taylor, Jr., Thomas L. Carroll, Paul Howard. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 08/16/2007)

1 Certificate of Compliance --service

View on PACER

Aug. 16, 2007

Aug. 16, 2007

RECAP
58

NOTICE to Take Deposition of Dr. Dershwitz on Sept. 10, 2007 by Robert W. Jackson, III.(Wiseman, Michael) (Entered: 08/16/2007)

Aug. 16, 2007

Aug. 16, 2007

RECAP
59

ANSWERING BRIEF in Opposition re 55 MOTION to Amend/Correct Plaintiffs' Motion to Amend Complaint filed by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.Reply Brief due date per Local Rules is 9/4/2007. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 08/23/2007)

1 Certificate of Compliance --service

View on PACER

Aug. 23, 2007

Aug. 23, 2007

RECAP
60

MOTION to Withdraw 56 Opening Brief in Support, 55 MOTION to Amend/Correct Plaintiffs' Motion to Amend Complaint Plaintiffs' Notice of Withdrawl with Prejudice of Motion to Amend Complaint and Brief in Support - filed by Robert W. Jackson, III. (Wiseman, Michael) (Entered: 08/26/2007)

Aug. 26, 2007

Aug. 26, 2007

RECAP
61

NOTICE to Take Deposition of Dr. Mark Dershwitz on September 24, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 08/28/2007)

1 Certificate of Compliance --service

View on PACER

Aug. 28, 2007

Aug. 28, 2007

RECAP
62

NOTICE OF SERVICE of Document Production re 57 Notice of Service,,,, by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. Related document: 57 Notice of Service,,,, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 08/31/2007)

1 Certificate of Compliance --service

View on PACER

Aug. 31, 2007

Aug. 31, 2007

RECAP
63

Notice of Deposition of Burris by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

RECAP
64

Notice of Deposition of Carroll by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

RECAP
65

Notice of Deposition of Danberg by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

RECAP
66

Notice of Deposition of John Doe II by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

RECAP
67

Notice of Deposition of John Doe III by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

RECAP
68

Notice of Deposition of Kearney by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

RECAP
69

Notice of Deposition of Other Unkown Individuals Who Participated in Creation of New Injection Procedure by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

RECAP
70

NOTICE OF SERVICE of Notice of Service of Fourth Discovery Request by Robert W. Jackson, III.(Wiseman, Michael) (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

RECAP
71

Notice of Tour by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

RECAP
72

Notice of Deposition of Pierce by Robert W. Jackson, III.(Wiseman, Michael) Modified on 9/4/2007 (fmt, ). (Entered: 09/03/2007)

Sept. 3, 2007

Sept. 3, 2007

RECAP
73

NOTICE to Take Deposition of Dr. Mark Heath on September 22, 2007 by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 09/14/2007)

1 Certificate of Compliance --service

View on PACER

Sept. 14, 2007

Sept. 14, 2007

RECAP
74

Letter to Honorable Sue L. Robinson from Wiseman regarding Letter Brief on Discovery. (Attachments: # 1 Exhibit Transcript of Carroll Deposition 9-18-07)(Wiseman, Michael) (Entered: 09/19/2007)

1 Exhibit Transcript of Carroll Deposition 9-18-07

View on PACER

Sept. 19, 2007

Sept. 19, 2007

RECAP
75

NOTICE of Notice of Supplemental Authority Relating to Letter Brief by Robert W. Jackson, III re 74 Letter Supplemental Authority (Attachments: # 1 Exhibit Opinion in Harbison v. Little)(Wiseman, Michael) (Entered: 09/20/2007)

1 Exhibit Opinion in Harbison v. Little

View on PACER

Sept. 20, 2007

Sept. 20, 2007

RECAP
76

MEMORANDUM in Opposition to D.I. 74 to Plainitffs' Letter Brief filed by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.Reply Brief due date per Local Rules is 10/1/2007. (Smith, Gregory) Modified on 9/20/2007 (fmt, ). Modified on 9/20/2007 (fmt, ). (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

RECAP
77

Letter to Hon. Sue L. Robinson from Wiseman regarding Reply to Defendants' Memorandum Response - re 76 Memorandum in Opposition, 74 Letter. (Wiseman, Michael) (Entered: 09/20/2007)

Sept. 20, 2007

Sept. 20, 2007

RECAP
78

ORDER court adopts the standard of review articulated by the USCA for the 8th Circuit re lethal injection protocol. SEE Order for further details. Signed by Judge Sue L. Robinson on 9/21/07. (rlp) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

RECAP
79

NOTICE OF SERVICE of Defendants' Response to Plaintiffs' Third Discovery Request by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll.(Smith, Gregory) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

RECAP
80

ORDER postponing the trial and pretrial in this action based on the U.S. Supreme Court having granted the petition for a writ of certiorari in a related matter. Signed by Judge Sue L. Robinson on 9/26/07. (rlp) (Entered: 09/26/2007)

Sept. 26, 2007

Sept. 26, 2007

RECAP
81

NOTICE OF SERVICE of Response to Request for Production of Documents re 62 Notice of Service,, by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. Related document: 62 Notice of Service,, filed by Stanley W. Taylor, Jr., Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Thomas L. Carroll, Paul Howard.(Smith, Gregory) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

RECAP
82

NOTICE OF SERVICE of Defendant's Response to Plainitff's Fourth Discovery Request by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Certificate of Compliance --service)(Smith, Gregory) (Entered: 03/28/2008)

1 Certificate of Compliance --service

View on PACER

March 28, 2008

March 28, 2008

RECAP
83

ORDER Setting Hearings( In Chambers Conference set for 5/14/2008 10:30 AM before Judge Sue L. Robinson.). See order for further details. Signed by Judge Sue L. Robinson on 4/17/08. (fmt) (Entered: 04/17/2008)

April 17, 2008

April 17, 2008

RECAP
84

TRANSCRIPT of Telephone Conference held on 9/26/2007 before Judge Robinson. Court Reporter: V. Gunning. (Transcript on file in Clerk's Office) (nfn) (Entered: 04/21/2008)

April 21, 2008

April 21, 2008

PACER
85

ORDER - The location of the status conference scheduled for Wednesday, May 14, 2008 at 10:30 A.M. has been changed to commence in courtroom 6B, on the sixth floor of the J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, Delware. ORDER,terminating Deadlines and Hearings:, ORDER, Setting Deadlines/Hearings ( Status Conference set for 5/14/2008 10:30 AM in Courtroom 6B before Judge Sue L. Robinson.). Signed by Judge Sue L. Robinson on 4/30/2008. (nmf) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

RECAP
86

NOTICE OF SUBSTITUTION OF COUNSEL re Robert W. Jackson, III: Entry of appearance of attorney Michael Wiseman. Attorney Megan McCracken terminated. (Wiseman, Michael) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

RECAP
87

ORDER, A pretrial conference is scheduled for Monday, June 23, 2008 at 2:30 p.m. On or before June 6, 2008, the parties shall file written submissions detailing: (1) the issues to be considered; (2) the witnesses/experts to be presented; and (3) the availability of said witnesses/experts. Signed by Judge Sue L. Robinson on 5/19/2008. (nmf) (Entered: 05/19/2008)

May 19, 2008

May 19, 2008

RECAP
88

Transcript of Hearing held on May 14, 2008 before Judge Robinson. Court Reporter/Transcriber Valerie Gunning,Telephone number 302-573-6194. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/12/2008. Redacted Transcript Deadline set for 6/23/2008. Release of Transcript Restriction set for 8/20/2008. (vjg) (Entered: 05/22/2008)

May 22, 2008

May 22, 2008

RECAP
89

PRETRIAL MEMORANDUM by Robert W. Jackson, III. (Attachments: # 1 Exhibit Redacted Kentucky Protocol)(Wiseman, Michael) (Entered: 06/06/2008)

1 Exhibit Redacted Kentucky Protocol

View on PACER

June 6, 2008

June 6, 2008

RECAP
90

PRETRIAL MEMORANDUM by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Exhibit Delaware Execution Protocol - Attachment #1, # 2 Exhibit Kentucky Lethal Injection Protocol (Redacted), # 3 Exhibit Comparison of Kentucky and Delaware Lethal Injection Protocols, # 4 Exhibit Excerpts from Plaintiffs' Response to Interrogatories, # 5 Exhibit Excerpt from Deposition of Steven M. Katz, M.D., # 6 Exhibit Excerpts from Deposition of Mark J. S. Heath, M.D., # 7 Exhibit Excerpts from Trial Deposition of Mark Dershwitz, M.D.)(McFarlan, Elizabeth) (Entered: 06/06/2008)

1 Exhibit Delaware Execution Protocol - Attachment #1

View on PACER

2 Exhibit Kentucky Lethal Injection Protocol (Redacted)

View on PACER

3 Exhibit Comparison of Kentucky and Delaware Lethal Injection Protocols

View on PACER

4 Exhibit Excerpts from Plaintiffs' Response to Interrogatories

View on PACER

5 Exhibit Excerpt from Deposition of Steven M. Katz, M.D.

View on PACER

6 Exhibit Excerpts from Deposition of Mark J. S. Heath, M.D.

View on PACER

7 Exhibit Excerpts from Trial Deposition of Mark Dershwitz, M.D.

View on PACER

June 6, 2008

June 6, 2008

RECAP
91

REPLY BRIEF Plaintiffs' Brief Reply to Defendants' Statement of Issues filed by Robert W. Jackson, III. (Attachments: # 1 Exhibit Slip Opinion, Ohio v. Rivera)(Wiseman, Michael) (Entered: 06/11/2008)

1 Exhibit Slip Opinion, Ohio v. Rivera

View on PACER

June 11, 2008

June 11, 2008

RECAP
92

Letter to The Honorable Sue L. Robinson from Elizabeth R. McFarlan regarding Materials Requested by the Court - re Pretrial Conference - Final. (McFarlan, Elizabeth) (Entered: 06/24/2008)

June 24, 2008

June 24, 2008

RECAP
93

Transcript of pretrial conference held on June 23, 2008 before Judge Robinson. Court Reporter/Transcriber Valerie Gunning,Telephone number (302) 573-6194. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/16/2008. Redacted Transcript Deadline set for 7/28/2008. Release of Transcript Restriction set for 9/23/2008. (vjg) (Entered: 06/25/2008)

June 25, 2008

June 25, 2008

PACER
94

Letter to Hon. Sue L. Robinson from Plaintiffs' Counsel regarding September 10 Trial. (Attachments: # 1 Exhibit Excerpt from Prior Protocols)(Wiseman, Michael) (Entered: 06/26/2008)

1 Exhibit Excerpt from Prior Protocols

View on PACER

June 26, 2008

June 26, 2008

RECAP
95

ORDER, Setting Hearings( Evidentiary Hearing set for 9/10/2008 09:00 AM in Courtroom 6B before Judge Sue L. Robinson.) Each side will be allotted 2 hours. See order for further details. Signed by Judge Sue L. Robinson on 6/27/2008. (nmf) (Entered: 06/27/2008)

June 27, 2008

June 27, 2008

RECAP
96

MOTION Clarification of Court's Order re 95 Order, Set Hearings Plaintiffs' Motion to Clarify - filed by Robert W. Jackson, III. (Wiseman, Michael) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
97

NOTICE of Notice Pursuant to Local Rule 7.1.1 by Robert W. Jackson, III re 96 MOTION Clarification of Court's Order re 95 Order, Set Hearings Plaintiffs' Motion to Clarify (Wiseman, Michael) (Entered: 07/09/2008)

July 9, 2008

July 9, 2008

RECAP
98

NOTICE of filing the following document(s) in paper format: Documents Produced in Discovery (FILED UNDER SEAL). Notice filed by Gregory E. Smith on behalf of Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) Modified on 7/21/2008 (lid). (Entered: 07/18/2008)

1 Certificate of Compliance service

View on PACER

July 18, 2008

July 18, 2008

RECAP
99

NOTICE of filing the following document(s) in paper format: Unredacted Delaware Execution Protocol (FILED UNDER SEAL). Notice filed by Gregory E. Smith on behalf of all defendants (Attachments: # 1 Certificate of Compliance service)(Smith, Gregory) Modified on 7/21/2008 (lid). (Entered: 07/18/2008)

1 Certificate of Compliance service

View on PACER

July 18, 2008

July 18, 2008

RECAP
100

STATEMENT re 95 Order, Set Hearings by Paul Howard, Other Unknown State Actors Responsible for and participating in the carrying out of Plaintiff's Execution, Stanley W. Taylor, Jr, Thomas L. Carroll. (Attachments: # 1 Exhibit law review article, # 2 Exhibit declaration and CV, # 3 Certificate of Compliance service)(Smith, Gregory) (Entered: 07/18/2008)

1 Exhibit law review article

View on PACER

2 Exhibit declaration and CV

View on PACER

3 Certificate of Compliance service

View on PACER

July 18, 2008

July 18, 2008

RECAP

Case Details

State / Territory: Delaware

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 8, 2006

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

inmates scheduled to be executed by the State of Delaware

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Delaware Department of Corrections, 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

Content of Injunction:

Preliminary relief granted

Issues

Death Penalty:

Lethal Injection - General