under the radar lethal injection challenge appears to be heading to trial
[update] In news of the next possible wave of challenges to lethal injection, Ringo v. Lombardi, Case No. 09-4095-CV-C-NKL, a federal district court judge in the Western District of Missouri on Tuesday denied a motion to dismiss in a challenge to that state’s lethal injection statute. The suit uses a new avenue to challenge lethal injection, “a declaratory judgment that Missouri’s lethal injection protocol violates the Food, Drug and Cosmetic Act, 21 U.S.C. §§ 801, et seq. (“FDCA”), as well as the Controlled Substances Act, 21 U.S.C. §§ 301, et seq. (“CSA”).” Mark this one as one to watch.
Some of the pleadings include:
Complaint / Response to Motion to Dismiss / Surreply to Motion to Dismiss
