Case: Brown v. Beck

5:06-ct-03018 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Feb. 27, 2006

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On February 27, 2006, Willie Brown, a death-sentenced inmate of the Central Prison in Raleigh, North Carolina filed a lawsuit under 42 U.S.C. §1983 against the North Carolina Department of Correction in the U.S. District Court for the Eastern District of North Carolina. Brown alleged that his constitutional rights were threatened by the defendants' lethal injection protocol, which he claimed would leave him improperly anesthetized and therefore able to feel the excrutiatingly painful burning s…

On February 27, 2006, Willie Brown, a death-sentenced inmate of the Central Prison in Raleigh, North Carolina filed a lawsuit under 42 U.S.C. §1983 against the North Carolina Department of Correction in the U.S. District Court for the Eastern District of North Carolina. Brown alleged that his constitutional rights were threatened by the defendants' lethal injection protocol, which he claimed would leave him improperly anesthetized and therefore able to feel the excrutiatingly painful burning sensation caused by the potassium chloride that would be injected into his veins. He also claimed that the protocol's use of pancuronium bromide would leave him paralyzed, which would cause him to suffocate to death while conscious and leave him unable to alert the executioners that the anesthesia had been insufficient. For these reasons, he asked the court to enjoin the defendants from utilizing their current lethal injection protocol during his execution.

On April 7, 2006, the U.S. District Court for the Eastern District of North Carolina (Judge Malcom J. Howard) denied the plaintiff's motion for a preliminary injunction and ruled that the plaintiff's execution should proceed as scheduled on April 21, 2006, but the Court conditioned this on the defendants' compliance with the Court's order that medically trained personnel must be present at the execution in order to ensure that Brown would be in all respects unconscious prior to and at the time of the administration of any pancuronium bromide or potassium chloride. The court further ordered that if Brown were to exhibit any effects of consciousness at any time during the execution, the medical personnel were to immediately provide appropriate medical care so as to ensure that he was immediately returned to an unconscious state. Brown v. Beck, No. 06-3018, 2006 WL 3914717 (E.D.N.C. Apr. 7, 2006)

The plaintiff appealed this ruling, and on April 20, 2006, the U.S. Court of Appeals for the Fourth Circuit (Judges Michael J. Luttig and William Byrd Traxler, Jr.) affirmed the District Court's order without opinion and denied the plaintiff's motion for preliminary injunction. Brown v. Beck, 445 F.3d 752 (4th Cir. 2006).

Willie Brown was executed on April 21, 2006 by lethal injection. On May 16, 2006, the District Court (Judge Howard) dismissed the lawsuit as moot.

Summary Authors

Kristen Sagar (9/10/2007)

People


Judge(s)

Howard, Malcolm Jones (North Carolina)

Luttig, J. Michael (Virginia)

Michael, M. Blane (South Carolina)

Traxler, William Byrd Jr. (South Carolina)

Attorneys(s) for Plaintiff

Cowan, J. Donald Jr. (North Carolina)

Loyek, Laura Murray (North Carolina)

Attorneys(s) for Defendant

Pitman, Thomas (North Carolina)

Smith, James Peeler (North Carolina)

Judge(s)

Howard, Malcolm Jones (North Carolina)

Luttig, J. Michael (Virginia)

Michael, M. Blane (South Carolina)

Traxler, William Byrd Jr. (South Carolina)

Attorneys(s) for Plaintiff

Cowan, J. Donald Jr. (North Carolina)

Loyek, Laura Murray (North Carolina)

Attorneys(s) for Defendant

Pitman, Thomas (North Carolina)

Smith, James Peeler (North Carolina)

Documents in the Clearinghouse

Document

Docket (PACER)

Brown v. Beck

May 17, 2006 Docket
1-1

Complaint

Brown v. Beck

Feb. 27, 2006 Complaint
2

Motion for Preliminary Injunction

Brown v. Beck

Feb. 28, 2006 Pleading / Motion / Brief
14-1

Plaintiff's Response in Opposition to Defendants' Motion to Dismiss

Brown v. Beck

March 13, 2006 Pleading / Motion / Brief
28

Reply in Support of Plaintiff's Motion for Preliminary Injunction

Brown v. Beck

April 3, 2006 Pleading / Motion / Brief
32

Order

2006 WL 3914717, 2006 U.S.Dist.LEXIS 60084

April 7, 2006 Order/Opinion
34-1

Objection to Defendants' Notice and Response to 7 April 2006 Order

Brown v. Beck

April 14, 2006 Pleading / Motion / Brief

Brief of Appellant

Brown v. Beck

U. S. Court of Appeals for the Fourth Circuit

April 18, 2006 Pleading / Motion / Brief

Brief of the Appellees Opposing Appellant's Motion for Preliminary Injunction

U. S. Court of Appeals for the Fourth Circuit

April 18, 2006 Pleading / Motion / Brief

Order [Affirming Denial of Injunction]

U. S. Court of Appeals for the Fourth Circuit

445 F.3d 752

April 20, 2006 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Theodis Beck, Marvin Polk, Unknown Executioners ( Filing fee $ 250 receipt number 104 21559.), filed by Willie Brown, Jr. (Attachments: # 1 Exhibit A to Complaint# 2 Civil Cover Sheet)(Cowan, J.) (Entered: 02/27/2006)

Feb. 27, 2006
6

Summons Issued as to Theodis Beck, Marvin Polk. (Deputy Clerk, GM) (Entered: 03/07/2006)

Feb. 27, 2006
2

MOTION for Preliminary Injunction by Willie Brown, Jr. (Cowan, J.) (Entered: 02/28/2006)

Feb. 28, 2006
3

Memorandum in Support re 2 MOTION for Preliminary Injunction filed by Willie Brown, Jr. (Attachments: # 1 Exhibit A - Page/Rouse/Perkins Grievance Documents# 2 Exhibit B - State's Emergency Petition, State v. Hunt# 3 Exhibit C - Redacted NC Licensing Documents# 4 Exhibit D - Unpublished Cases# 5 Exhibit E - Excerpts from Depo. of Marvin Polk# 6 Exhibit F - Affidavit of Dr. Mark J. S. Heath# 7 Exhibit G - Affidavit of Philip G. Boysen# 8 Exhibit H - Affidavit of Dr. Kevin Concannon# 9 Exhibit I - Affidavit of Nancy Bruton-Maree# 10 Exhibit J - Affidavit of Cynthia F. Adcock# 11 Exhibit K - Affidavit of Heather Wells# 12 Exhibit L - Affidavit of Kim Stevens)(Cowan, J.) (Entered: 02/28/2006)

Feb. 28, 2006
9

SUMMONS Returned Executed Theodis Beck served on 2/27/2006, answer due 3/19/2006; Marvin Polk served on 2/27/2006, answer due 3/19/2006. (Deputy Clerk, GM) (Entered: 03/08/2006)

Feb. 28, 2006
4

NOTICE of Appearance by Laura Murray Loyek on behalf of Willie Brown, Jr (Loyek, Laura) (Entered: 03/01/2006)

March 1, 2006
5

Order to Particularize Complaint to submit information to the court to show whether or not plaintiff had exhausted available administrative remedies at the time he filed the complaint and Response due by 3/13/2006.. Signed by Judge Malcolm J. Howard on 3/3/2006. (Deputy Clerk, GM) (Entered: 03/03/2006)

March 3, 2006
10

MOTION to Dismiss by Theodis Beck, Marvin Polk. (Deputy Clerk, GM) (Entered: 03/09/2006)

March 7, 2006
11

Memorandum in Support re 10 MOTION to Dismiss by Theodis Beck, Marvin Polk. (Attachments: # 1 Exhibit)(Deputy Clerk, GM) (Entered: 03/09/2006)

March 7, 2006
7

MOTION for Leave to File Amended Complaint by Willie Brown, Jr. (Attachments: # 1 Exhibit A - Amended Complaint with exhibits)(Loyek, Laura) (Entered: 03/08/2006)

March 8, 2006
8

RESPONSE to Order re 5 Order to Particularize Complaint, filed by Willie Brown, Jr. (Attachments: # 1 Exhibit A - Emergency Grievance# 2 Exhibit B - Grievance Response (Step 1 and Step 2)# 3 Exhibit C - Page, Rouse & Perkins Grievance Responses# 4 Exhibit D - Grievance Examiner's Final Decision)(Loyek, Laura) (Entered: 03/08/2006)

March 8, 2006
12

ORDER directing any responses re 7 MOTION for Leave to File Amended Complaint filed by Willie Brown, Jr. to be filed on or before 3/14/2006. Signed by Judge Malcolm J. Howard on 3/9/2006. (Deputy Clerk, GM) (Entered: 03/09/2006)

March 9, 2006
13

RESPONSE in Opposition re 7 MOTION for Leave to File Amended Complaint filed by Theodis Beck, Marvin Polk. (Attachments: # 1 Exhibit Hargett Order)(Pitman, Thomas) (Entered: 03/10/2006)

March 10, 2006
14

RESPONSE in Opposition re 10 MOTION to Dismiss filed by Willie Brown, Jr. (Attachments: # 1 Exhibit A - Page v. Beck Order Nov. 30, 2004# 2 Exhibit B - Rowsey v. Beck Order Jan. 20, 2004)(Loyek, Laura) (Entered: 03/13/2006)

March 13, 2006
15

REPLY to Response to Motion re 7 MOTION for Leave to File Amended Complaint filed by Willie Brown, Jr. (Loyek, Laura) (Entered: 03/13/2006)

March 13, 2006
16

ORDER dismissing as moot 7 Motion for Leave to amend, amended complaint is deemed filed as of the date of the filing of plaintiff's motion and denying 10 Motion to Dismiss . Signed by Judge Malcolm J. Howard on 3/15/2006. (Deputy Clerk, GM) (Entered: 03/15/2006)

March 15, 2006
17

ORDER Scheduling Conference set for 3/27/2006 01:00 PM before Judge Malcolm J. Howard in Greenville. Signed by Judge Malcolm J. Howard on 3/15/2006. (Deputy Clerk, GM) (Entered: 03/15/2006)

March 15, 2006
18

First MOTION for Leave to File Excess Pages Memo Opposing Preliminary Injunction by Theodis Beck, Marvin Polk. (Attachments: # 1 Text of Proposed Order Exceed Page Limit)(Pitman, Thomas) (Entered: 03/20/2006)

March 20, 2006
20

Memorandum in Opposition Motion for Preliminary Injunction filed by Theodis Beck, Marvin Polk. (Attachments: # 1 Exhibit Exhibit List# 2 Affidavit Polk Affidavit# 3 Affidavit Beck Affidavit# 4 Exhibit Baze Case Report)(Pitman, Thomas) (Entered: 03/20/2006)

March 20, 2006
21

AFFIDAVIT re 20 Memorandum in Opposition Ex 3 (Dershwitz Aff) -Transmission Failure With Initial Filing by Theodis Beck, Marvin Polk, Theodis Beck, Marvin Polk filed by Theodis Beck, Marvin Polk, Theodis Beck, Marvin Polk. (Pitman, Thomas) (Entered: 03/21/2006)

March 21, 2006
22

NOTICE by Willie Brown, Jr of Filing (Attachments: # 1 Order Setting Date of Execution)(Loyek, Laura) (Entered: 03/22/2006)

March 22, 2006
24

ORDER granting 18 Motion for Leave to File Excess Pages . Signed by Judge Malcolm J. Howard on 3/22/2006. (Deputy Clerk, GM) (Entered: 03/23/2006)

March 22, 2006
23

MOTION for Leave to File Excess Pages by Willie Brown, Jr. (Attachments: # 1 Text of Proposed Order Granting Motion to Exceed Page Limit)(Loyek, Laura) (Entered: 03/23/2006)

March 23, 2006
25

ORDER granting 23 Motion for Leave to File Excess Pages . Signed by Judge Malcolm J. Howard on 3/23/2006. (Deputy Clerk, GM) (Entered: 03/23/2006)

March 23, 2006
26

ORDER hearing on motion for injunctive relief set for 4/6/2006 09:00 AM in Greenville before Judge Malcolm J. Howard.. Signed by Judge Malcolm J. Howard on 3/27/2006. (Deputy Clerk, GM) (Entered: 03/28/2006)

March 27, 2006
27

ORDER denying 19 Motion to Dismiss and motion for reconsideration . Signed by Judge Malcolm J. Howard on 3/27/2006. (Deputy Clerk, GM) (Entered: 03/28/2006)

March 27, 2006
28

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction filed by Willie Brown, Jr. (Attachments: # 1 Exhibit A - Diagram of Execution Area# 2 Exhibit B - McHone Toxicology Report# 3 Exhibit C - Syriani Toxicology Report# 4 Exhibit D - Boyd Toxicology Report# 5 Exhibit E - Simpson Toxicology Report# 6 Exhibit F - Excerpts from Deposition of Marvin Polk# 7 Exhibit G - Excerpts from Deposition of Theodis Beck# 8 Exhibit H - Second Affidavit of Dr. Mark J. S. Heath# 9 Exhibit I - Second Affidavit of Nancy Bruton-Maree, CRNA# 10 Exhibit J - Second Affidavit of Dr. Kevin Concannon)(Loyek, Laura) (Entered: 04/03/2006)

April 3, 2006
29

AFFIDAVIT in Opposition re 18 First MOTION for Leave to File Excess Pages Memo Opposing Preliminary Injunction filed by Theodis Beck, Marvin Polk. (Attachments: # 1 Notice of Filing (Dershwitz Second Affidavit)# 2)(Pitman, Thomas) (Entered: 04/05/2006)

April 5, 2006
30

Minute Entry for proceedings held before Judge Malcolm J. Howard: Motion Hearing held on 4/6/2006 re 2 MOTION for Preliminary Injunction filed by Willie Brown, Jr. Present for pla-Donald Cowan, Laura Loyek, deft-Thomas Pittman, James Smith. Court hears arguments from counsel. Defts offer exhibit 1. Court takes matter under advisement-written order to follow. Total hrg time: 3 hrs. (S. Foell, clk) (Court Reporter Harry Hagopian) (Deputy Clerk, SDF) (Entered: 04/06/2006)

April 6, 2006

NOTICE OF DEFICIENCY re: 29 Affidavit in Opposition to MotionDocument filed as an affidavit. If filing as a Notice of Filing, the Notice of Filing selection should be used.Affidavit was not signed or notarized. (Deputy Clerk, GM) (Entered: 04/06/2006)

April 6, 2006
31

AFFIDAVIT in Opposition re 2 MOTION for Preliminary Injunction Substitute Dershwitz Second Affidavit filed by Theodis Beck, Marvin Polk. (Pitman, Thomas) (Entered: 04/07/2006)

April 7, 2006
32

ORDER denying 2 Motion for Preliminary Injunction. Accordingly, the Court hereby conditionally DENIES plaintiff's motion for preliminary injunction and plaintiff's execution may proceed as scheduled on April 21, 2006 on the condition that there are present and accessible to plaintiff throughout the execution personnel with sufficient medical training to ensure the plaintiff is in all respects unconscious prior to and at the time of the administration of any pancuronium bromide or potassium chloride. ccys served by fax and by mail 4/7/2006.Signed by Judge Malcolm J. Howard on 4/7/2006. (Deputy Clerk, DH) (Entered: 04/07/2006)

April 7, 2006

TRANSCRIPT of Proceedings held on April 6, 2006 before Judge Malcolm J. Howard. Court Reporter: Harold M. Hagopian. (Deputy Clerk, GM) (Entered: 04/17/2006)

April 11, 2006
33

RESPONSE to Order re 32 Order on Motion for Preliminary Injunction,, filed by Theodis Beck, Marvin Polk. (Attachments: # 1 Affidavit Dershwitz Third Affidavit# 2 Affidavit Polk Second Affidavit)(Pitman, Thomas) (Entered: 04/12/2006)

April 12, 2006
34

RESPONSE re 33 Response filed by Willie Brown, Jr. (Attachments: # 1 Exhibit Kentucky Transcript# 2 Exhibit Rebuttal of Dershwitz# 3 Errata Heath Third Affidavit# 4 Exhibit Heath Third Affidavit, part 2# 5 Exhibit Heath Third Affidavit, part 3# 6 Exhibit Heath Third Affidavit part 4# 7 Exhibit Heath Third Affidavit part 5# 8 Exhibit Heath Third Affidavit part 6# 9 Exhibit Heath Third Affidavit, part 7# 10 Exhibit Heath Third Affidavit part 8# 11 Exhibit Heath Third Affidavit part 9# 12 Errata Heath Third Affidavit part 10# 13 Exhibit Heath Third Affidavit part 11# 14 Exhibit Heath Third Affidavit part 12# 15 Exhibit Heath Third Affidavit part 13# 16 Exhibit Heath Third Affidavit part 14# 17 Exhibit Heath Third Affidavit part 15# 18 Exhibit Heath Third Affidavit part 16# 19 Exhibit Heath Third Affidavit part 17# 20 Exhibit Heath Third Affidavit part 18# 21 Exhibit Heath Third Affidavit part 19# 22 Exhibit Heath Third Affidavit part 20# 23 Exhibit Heath Third Affidavit part 21# 24 Exhibit Heath Third Affidavit part 22# 25 Exhibit Heath Third Affidavit part 23# 26 Exhibit Heath Third Affidavit part 24# 27 Errata Heath Third Affidavit part 25# 28 Exhibit Heath Third Affidavit part 26# 29 Exhibit Heath Third Affidavit part 27# 30 Exhibit Heath Third Affidavit part 28# 31 Exhibit Heath Third Affidavit part 29# 32 Exhibit Heath Third Affidavit part 30# 33 Exhibit Heath Third Affidavit part 31# 34 Errata Heath Third Affidavit part 32# 35 Exhibit Heath Third Affidavit part 33# 36 Exhibit Boysen Second Affidavit# 37 Exhibit Maree Third Affidavit# 38 Exhibit Kelley Affidavit)(Loyek, Laura) (Entered: 04/14/2006)

April 14, 2006
36

NOTICE OF APPEAL by Willie Brown, Jr. Filing fee $ 455. (Loyek, Laura) (Entered: 04/17/2006)

April 17, 2006
37

NOTICE of filing on 4/19/06 of motion and application to intervene by James Chapman French (Deputy Clerk, AI) (Entered: 04/18/2006)

April 18, 2006
38

NOTICE of future filings to take place on 4/20/06 by James Chapman French. (Deputy Clerk, AI) (Entered: 04/20/2006)

April 19, 2006

USCA Appeal Fees received $ 455 receipt number 105 25757 re 36 Notice of Appeal filed by Willie Brown, Jr. (Deputy Clerk, GM) (Entered: 04/20/2006)

April 19, 2006
39

MOTION to Intervene by James Chapman French. (no signature) (Attachments: # 1 Unsigned Memo in Support# 2 Verified Complaint)(Deputy Clerk, GM) (Entered: 04/21/2006)

April 20, 2006

USCA Case Number 06-9 B. Walton for 36 Notice of Appeal filed by Willie Brown, Jr.. (Deputy Clerk, GM) (Entered: 04/21/2006)

April 20, 2006
40

ORDER denying 39 Motion to Intervene . Signed by Judge Malcolm J. Howard on 4/21/2006. (Deputy Clerk, GM) (Entered: 04/21/2006)

April 21, 2006
41

PUBLISHED ORDER of USCA as to 36 Notice of Appeal filed by Willie Brown, Jr.denying motion for prelimary injunction (Deputy Clerk, GM) (Entered: 04/26/2006)

April 25, 2006
42

USCA JUDGMENT as to 36 Notice of Appeal filed by Willie Brown, Jr. (Deputy Clerk, GM) (Entered: 04/26/2006)

April 25, 2006
43

MANDATE of USCA as to 36 Notice of Appeal filed by Willie Brown, Jr. (Deputy Clerk, GM) (Entered: 04/26/2006)

April 25, 2006
44

ORDER of USCA as to 36 Notice of Appeal filed by Willie Brown, Jr. - denying motion to recall mandate, motion for stay of execution and dismissing petition for rehearing en banc (Deputy Clerk, GM) (Entered: 04/28/2006)

April 27, 2006
45

ORDER DISMISSING this action. Signed by Judge Malcolm J. Howard on 5/15/2006. (Deputy Clerk, GM) (Entered: 05/17/2006)

May 16, 2006
46

CLERK'S JUDGMENT - that this action is hereby dismissed. Signed by Brooks, Acting Clerk on 5/17/2006. (Deputy Clerk, GM) (Entered: 05/17/2006)

May 17, 2006

State / Territory: North Carolina

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Feb. 27, 2006

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced inmate of the Central Prison in Raleigh, North Carolina

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Carolina Department of Corrections (Raleigh, Wake), 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: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2006 - 2006

Content of Injunction:

Preliminary relief denied

Issues

Death Penalty:

Lethal Injection - General