Byron Black v. Frank Strada, in his official capacity as Commissioner of the Tennessee Department of Correction

Syllabus

Byron Lewis Black, a death-row inmate scheduled for execution on August 5, 2025,challenges Tennessee's lethal injection protocol. He asserts that the protocol, which uses asingle dose of pentobarbital, is unconstitutional as applied to him because it does notaccount for his individualized medical condition that necessitated an implantablecardioverter-defibrillator (\ICD\). Due to the impending execution, Mr. Black sought atemporary injunction in the trial court requiring the defendants to deactivate the ICD priorto the execution. He argues that the effects of pentobarbital will trigger the device andresult in the infliction of extreme pain in violation of the Eighth Amendment. After ahearing, the trial court granted the temporary injunction, directing the defendants to arrangefor qualified medical personnel to deactivate the ICD moments before administering thelethal injection. The court subsequently modified the injunction to permit the defendantsto transport Mr. Black to a hospital to deactivate the ICD \as early as possible\ on themorning of the execution. The defendants filed an application for extraordinary appeal inthe Court of Appeals pursuant to Rule 10 of the Tennessee Rules of Appellate Procedureasking the intermediate appellate court to vacate the temporary injunction. This Courtassumed jurisdiction pursuant to Tennessee Code Annotated section 16-3-201(d)(3) andordered Mr. Black to file an answer. Upon review, we grant the application and concludethat the trial court erred in granting the injunction. Accordingly, we vacate the temporaryinjunction.