Warner v Coddington

Warner and other Oklahoma death row inmates sought a preliminary injunction against Oklahoma using its new lethal injection protocol to carry out their deaths sentences. The district court ruled there was no likelihood of success and denied the motion. The panel affirmed. It held Warner and the other plaintiffs failed to prove there is significant chance that the new drug protocol will result in severe pain and failed to demonstrate a known and available alternative. It also held that the district court properly relied on Oklahoma’s expert as his academic credentials and 40 year teaching and research career were more than sufficient and his testimony the new drug proposed in the protocol will render inmates unconscious was sufficient to support findings by the district court there is no serious possibility of substantial pain. The panel noted the opinion was circulated to the active members of the bench and no en banc review was requested or available.