Cook v. Brewer
2011 U.S. App. LEXIS 5212
| 9th Cir. | 2011Background
- Cook, an Arizona prisoner, faces execution on April 5, 2011, and sues state officials under 42 U.S.C. § 1983 for Eighth Amendment relief.
- District court dismissed Cook’s claims under Rule 12(b)(6); he appeals challenging two Eighth Amendment theories related to the execution drug sodium thiopental.
- Arizona’s lethal-injection protocol uses sodium thiopental, pancuronium bromide, then potassium chloride, with safeguards to confirm unconsciousness.
- Cook alleges the drug is foreign-made, non-FDA approved, potentially contaminated or ineffective, and could cause unconstitutional pain if not properly anesthetized.
- The court, applying the Baze “sure or very likely to cause serious illness” standard, affirms dismissal as Cook’s allegations are speculative and fail to show a substantial risk of harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cook plausibly alleges a substantial risk of serious harm from the foreign drug. | Cook argues the foreign, non-FDA drug may be contaminated or ineffective. | Defendants contend allegations are speculative and lack specific facts. | Dismissed; allegations insufficient under Baze/Iqbal. |
| Whether administering the foreign drug would render medical staff deliberately indifferent. | Administration would show indifference if drug is dangerous. | No plausible claim without a plausible harm allegation. | Dismissed; no plausible Eighth Amendment claim. |
Key Cases Cited
- Baze v. Rees, 553 U.S. 35 (U.S. 2008) (requires a substantial risk of serious harm for Eighth Amendment challenges to execution protocols)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (establishes objective-subjective components of Eighth Amendment standard)
- Iqbal v. Ashcroft, 129 S. Ct. 1937 (U.S. 2009) (pleading standards require plausible claims, not mere conclusory assertions)
- Twombly v. Bell Atl. Corp., 550 U.S. 544 (U.S. 2007) (pleading must include more than a mere recitation of elements)
- Landrigan v. Brewer, 131 S. Ct. 445 (S. Ct. 2010) (foreign-drug importation alone not enough to state a constitutional claim)