Case: Boltz v. Jones

5:06-cv-00587 | U.S. District Court for the Western District of Oklahoma

Filed Date: May 30, 2006

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On May 30, 2006, John Albert Boltz, a death sentenced inmate of the Oklahoma State Penitentiary in McAlester, Oklahoma, filed a lawsuit under 42 U.S.C. § 1983 against the Oklahoma Department of Corrections in the U.S. District Court for the Western District of Oklahoma. Boltz's was scheduled to be executed on June 1, 2006 by lethal injection, and he complained to the Court that the specific lethal injection method used by the defendants would allow him to experience an unconstitutionally high …

On May 30, 2006, John Albert Boltz, a death sentenced inmate of the Oklahoma State Penitentiary in McAlester, Oklahoma, filed a lawsuit under 42 U.S.C. § 1983 against the Oklahoma Department of Corrections in the U.S. District Court for the Western District of Oklahoma. Boltz's was scheduled to be executed on June 1, 2006 by lethal injection, and he complained to the Court that the specific lethal injection method used by the defendants would allow him to experience an unconstitutionally high level of pain during the process. Specifically, he objected to the use of a short-acting anesthetic, which he claimed would wear off before the process was complete, leaving him in excrutiating pain from the injection of potassium chloride. He also complained that the use of a paralytic agent during the process would render him unable to alert the executioners that the anesthetic had worn off, trapping him in a paralyzed body, racked with pain, but unable to cry out. He asked the Court to enjoin the defendants from using this protocol and to declare that it was unconstitutional.

On June 1, 2006, the U.S. District Court for the Western District of Oklahoma (Judge Stephen P. Friot) issued a temporary restraining order, forbidding the defendants from executing Boltz for four more weeks, which give the Court time to have a hearing in the case. The defendants appealed this order, and on the same day, the U.S. Court of Appeals for the Tenth Circuit (Judges Deanell Reece Tacha, Terrence L. O'Brien, and Timothy M. Tymkovich) vacated the District Court's temporary restraining order, finding that Boltz had not shown any likelihood of success on the merits of his claim.

On June 1, 2006, John Albert Boltz was executed by lethal injection.

Summary Authors

Kristen Sagar (9/11/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4364592/parties/boltz-v-jones/


Judge(s)

Friot, Stephen P. (Oklahoma)

O'Brien, Terrence L. (Wyoming)

Tacha, Deanell Reece (Kansas)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Hankins , James L. (Oklahoma)

Attorneys(s) for Defendant

Draper, Preston Saul (Oklahoma)

Mann, Richard Neal (Oklahoma)

Other Attorney(s)

Active

Judge(s)

Friot, Stephen P. (Oklahoma)

O'Brien, Terrence L. (Wyoming)

Tacha, Deanell Reece (Kansas)

Tymkovich, Timothy M. (Colorado)

Attorneys(s) for Plaintiff

Hankins , James L. (Oklahoma)

Attorneys(s) for Defendant

Draper, Preston Saul (Oklahoma)

Mann, Richard Neal (Oklahoma)

Other Attorney(s)

McCalmont, Lisa S. (Oklahoma)

Documents in the Clearinghouse

Document

5:06-cv-00587

Docket [PACER]

Boltz v. Jones

June 12, 2007

June 12, 2007

Docket
2

5:06-cv-00587

Plaintiff's Motion for Temporary Restraining Order and/or Preliminary Injunction and Brief in Support

Boltz v. Jones

May 30, 2006

May 30, 2006

Pleading / Motion / Brief
1

5:06-cv-00587

Complaint

May 30, 2006

May 30, 2006

Complaint

5:06-cv-00587

06-06184

Order and Judgment

U. S. Court of Appeals for the Tenth Circuit

182 Fed.Appx. 824, 2006 U.S.App.LEXIS 13735

June 1, 2006

June 1, 2006

Order/Opinion
12

5:06-cv-00587

Temporary Restraining Order

2006 U.S.Dist.LEXIS 35534

June 1, 2006

June 1, 2006

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4364592/boltz-v-jones/

Last updated Aug. 1, 2022, 3:19 a.m.

ECF Number Description Date Link Date / Link
2

MOTION for Permanent Injunction, MOTION for Temporary Restraining Order by John Albert Boltz. (db, ) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

Docket Annotation: Case was inadvertantly opened with Judge Cauthron assigned. Case should have been assigned to Judge Leonard as the next judge in the draw. (kw, ) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

3

ENTER ORDER REASSIGNING CASE. Case reassigned to Judge Stephen P. Friot for all further proceedings. Judge Tim Leonard no longer assigned to case. Entered at the direction of Judge Tim Leonard on 5/30/06. (llg) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

4

ORDER Setting Hearing on 2 MOTION for Temporary Restraining Order and/or Permanent Injunction: Motion Hearing set for 6/1/2006 11:30 AM in Courtroom #304 before Honorable Stephen P. Friot. Signed by Judge Stephen P. Friot on 5/30/06. (llg) (Entered: 05/30/2006)

May 30, 2006

May 30, 2006

5

ENTRY of Appearance by Preston Saul Draper on behalf of all defendants (Draper, Preston) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

6

ENTRY of Appearance by Richard N Mann on behalf of Robert L Rainey, Earnest D Ware, Beverly Young, Justin Jones, Marty Sirmons, Ernest Godlove, David C Henneke, Ted Logan, W Mark Luttrull (Mann, Richard) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

7

MOTION to Supplement Application for TRO by John Albert Boltz. (Hankins, James) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

8

RESPONSE to Motion re 2 MOTION for Permanent Injunction MOTION for Temporary Restraining Order filed by Robert L Rainey, Earnest D Ware, Beverly Young, Justin Jones, Marty Sirmons, Ernest Godlove, David C Henneke, Ted Logan, W Mark Luttrull. (Attachments: # 1 Exhibit 1 - Motion for Stay# 2 Exhibit 2 - Order# 3 Exhibit 3 - Order)(Mann, Richard) (Entered: 05/31/2006)

May 31, 2006

May 31, 2006

9

SUPPLEMENT Materials for TRO by John Albert Boltz. (Attachments: # 1 Attachment Medical Examiner report# 2 Affidavit Mike Mullin Affidavit)(Hankins, James) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

10

NOTICE OF APPEAL by Robert L Rainey, Earnest D Ware, Beverly Young, John Doe, Justin Jones, Marty Sirmons, Ernest Godlove, David C Henneke, Ted Logan, W Mark Luttrull. (Draper, Preston) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

11

Minute Entry for proceedings held before Judge Stephen P. Friot: Motion Hearing held on 6/1/2006 re [2-1] MOTION for Temporary Restraining Order filed by John Albert Boltz. Upon oral mtn of plf's counsel, Glenn Anderson & Charles Taylor (plfs in CIV-05-825) are granted leave to appear in this action as amici. Lisa McCalmont appears on behalf of the amici. Dfts' Exs. 1 & 2 admitted. Amici's Ex. 1 admitted. [2-1] Plf's Mtn for TRO is GRANTED, for the reasons set forth in detail on the record. Dfts are temporarily restrained from executing plf pending further order of the ct. [2-2] Plf's Mtn for Preliminary Injunction is set for hrg on 6/28/06 9:00 AM. A written order will follow. Plf is granted until 6/14/06 to submit add'l briefing. Dfts may submit responsive briefing by 6/26/06. Dfts give oral notice of intent to appeal. (Court Reporter Tracy Washbourne.) (llg) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

13

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 10 Notice of Appeal (dl, ) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

14

EXHIBITS Admitted During June 1, 2006 Hearing on Motion for Temporary Restraining Order. (Attachments: # 1 Amici Exhibit No. 1# 2 Defendant's Exhibit No. 1# 3 Defendant's Exhibit No. 2)(lb) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

Set/Reset Deadlines as to 2 MOTION for Preliminary Injunction. Motion Hearing set for 6/28/2006 09:00 AM in Courtroom #305 before Honorable Stephen P. Friot. (llg) (Entered: 06/01/2006)

June 1, 2006

June 1, 2006

16

Receipt for Money Received from James L Hankins in the amount of $350.00, receipt number 116618. (lb) (Entered: 06/02/2006)

June 1, 2006

June 1, 2006

15

ADMINISTRATIVE CLOSING ORDER: It appearing that the issues in this case have become moot, this action is administratively terminated without prejudice to the rights of the parties to reopen for entry of any stipulation or order. If not reopened within 30 days, action is deemed dismissed. Neither this order nor the deemed dismissal referred to in the preceding sentence shall constitute an adjudication on the merits. The proceedings in this case have no res judicata or other preclusive effect vis-a-vis the amici. Signed by Judge Stephen P. Friot on 6/2/06. (llg) (Entered: 06/02/2006)

June 2, 2006

June 2, 2006

17

USCA Appeal Fee received in the amount of $ 455, receipt number 116651, re 10 Notice of Appeal filed by John Doe,, Ernest Godlove,, Justin Jones,, Marty Sirmons,, Beverly Young,, David C Henneke,, Robert L Rainey,, Ted Logan,, Earnest D Ware,, W Mark Luttrull, (dl, ) (Entered: 06/06/2006)

June 2, 2006

June 2, 2006

18

MANDATE From USCA - The district court's ruling on the motion to stay execution is REVERSED and its temporary restraining order is VACATED - 10 Notice of Appeal filed by John Doe,, Ernest Godlove,, Justin Jones,, Marty Sirmons,, Beverly Young,, David C Henneke,, Robert L Rainey,, Ted Logan,, Earnest D Ware,, W Mark Luttrull, (dl, ) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

19

MANDATE From USCA - Amended Order and Judgment 10 Notice of Appeal filed by John Doe,, Ernest Godlove,, Justin Jones,, Marty Sirmons,, Beverly Young,, David C Henneke,, Robert L Rainey,, Ted Logan,, Earnest D Ware,, W Mark Luttrull, (dl, ) (Entered: 06/07/2006)

June 7, 2006

June 7, 2006

12

TEMPORARY RESTRAINING ORDER. Dfts are restrained from executing John Albert Boltz until a date after 6/28/06, the date on which plf's mtn for a preliminary injunction will be heard at 9:00 AM. In open court, the court established a briefing sc hedule. Counsel are reminded that their yet-to-be filed brief should address the issue of whether there is any basis, in any event, for further delay of the execution (as distinguished from relief addressed to the method of execution). Signed by Judge Stephen P. Friot on 6/1/06. (llg)

June 1, 2006

June 1, 2006

RECAP

Case Details

State / Territory: Oklahoma

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 30, 2006

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death sentenced inmate of the Oklahoma State Penitentiary in McAlester, Oklahoma

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oklahoma Department of Corrections (McAlester), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2006 - 2006

Issues

Death Penalty:

Lethal Injection - General