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Sixth Circuit· 6/28/2017

Fears v. Morgan

Citations

  • 860 F.3d 881
  • 2017 FED App. 0136P
  • 2017 WL 2784503
  • 2017 U.S. App. LEXIS 11491

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that evidence insufficient to show “that a 500-milligram dose of midazolam is very likely to leave an inmate conscious enough to feel serious pain”
  • noting that “experts . . . agree[] that midazolam is sometimes used alone for intubation”
  • rejecting argument that “because other states have been reported to have obtained compounded pentobarbital for use in executions,” a barbiturate-only protocol was a feasible alternative
  • specifically upholding three-drug protocol using a 500 mg dose of midazolam as the first drug
  • describing plaintiff’s burden as a “rigorous showing”

Source: CourtListener parenthetical corpus (CC0).

Judges: Batchelder, Clay, Cole, Donald, Gibbons, Griffin, Kethledge, McKeague, Moore, Rogers, Stranch, Sutton, Thapar, White

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

37 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Fears v. Morgan

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.