In re: Ohio Execution Protocol Litig.

Filing

OPINION and JUDGMENT filed : The district court s grant of a preliminary injunction enjoining Defendants from executing Gary Otte, Ronald Phillips, and Raymond Tibbetts using the three-drug midazolam protocol embodied in the October 7, 2016 Ohio execution protocol or any other lethal injection method that employs either a paralytic agent or potassium chloride is AFFIRMED. Decision for publication. Karen Nelson Moore (AUTHORING), Raymond M. Kethledge (DISSENTING), and Jane Branstetter Stranch (CONCURRING), Circuit Judges.

Case: 17-3076

Document: 51-3

Filed: 04/06/2017

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 17-3076

IN RE: OHIO EXECUTION PROTOCOL.
__________________________________

FILED
Apr 06, 2017
DEBORAH S. HUNT, Clerk

ANGELO FEARS, et al.,
Plaintiffs,
GARY OTTE; RONALD PHILLIPS;
RAYMOND TIBBETTS,
Plaintiffs - Appellees,
v.
DONALD MORGAN, et al.,
Defendants - Appellants.

Before: MOORE, KETHLEDGE, and STRANCH, Circuit Judges.

JUDGMENT
On Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION THEREOF, it is ORDERED that the district court’s grant of a
preliminary injunction enjoining Defendants from executing Gary Otte, Ronald Phillips, and Raymond
Tibbetts using the three-drug midazolam protocol embodied in the October 7, 2016 Ohio execution
protocol or any other lethal injection method that employs either a paralytic agent or potassium chloride is
AFFIRMED.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk