Jack Jones, Jr. v. Wendy Kelley
854 F.3d 1009
8th Cir.2017Background
- In 1996 Jones was sentenced to death for murder, rape, and attempted murder; executions in Arkansas were delayed for years by litigation and statutory changes to the lethal-injection protocol.
- Arkansas adopted a three-drug protocol (midazolam, vecuronium bromide, potassium chloride) in 2015; state-court challenges failed and certiorari was denied in 2017.
- In March 2017 federal §1983 litigation and related suits (McGehee) challenged the protocol as cruel and unusual under the Eighth Amendment; the Eighth Circuit en banc vacated district-court stays in McGehee.
- Jones brought an as-applied Eighth Amendment challenge based on his medical conditions (diabetes, hypertension, peripheral neuropathy, chronic pain, sleep apnea) and medications (methadone, gabapentin), arguing midazolam may be ineffective for him and the consciousness check unreliable.
- The district court denied a preliminary injunction; Jones appealed and sought a stay of execution. The Eighth Circuit affirmed, denying the stay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Whether Jones’s delay/dilatory tactics bar equitable relief | Jones: claim ripe only after execution date; could not have raised earlier | State: Jones delayed filing and split claims after electing state-court litigation in 2015 | Court: Delay and piecemeal litigation justify denying stay |
| 2. Whether Jones showed a demonstrated risk of severe pain from the protocol as applied | Jones: expert says medical conditions and meds may render midazolam ineffective and consciousness check unreliable, creating risk of awareness during suffocation | State: experts and execution of Ledell Lee showed no signs of distress; evidence does not show Jones is uniquely at risk | Court: Jones failed to show a significant possibility of success on the merits; factual finding not clearly erroneous |
| 3. Whether Jones identified a feasible, readily implemented alternative that significantly reduces risk | Jones: proposed pentobarbital, firing squad, (also raised sevoflurane on appeal) | State: alternatives are not known/available; ADC cannot obtain pentobarbital and cannot readily implement alternatives | Court: Jones failed to identify a known, available, feasible alternative; requirement applies to as-applied claims |
Key Cases Cited
- Glossip v. Gross, 135 S. Ct. 2726 (2015) (two-part Eighth Amendment test for method-of-execution claims)
- Baze v. Rees, 553 U.S. 35 (2008) (standard for showing risk of severe pain and available alternatives)
- Hill v. McDonough, 547 U.S. 573 (2006) (stay of execution is equitable; presumption against last-minute stays)
- Bucklew v. Lombardi, 783 F.3d 1120 (8th Cir. 2015) (as-applied challenges still must identify feasible, readily implemented alternatives)
- Gomez v. United States Dist. Court for the N. Dist. of Cal., 503 U.S. 653 (1992) (courts may consider last-minute nature of stay applications)
- Nooner v. Norris, 499 F.3d 831 (8th Cir. 2007) (ripeness of competency-to-be-executed claims upon setting of execution date)
- Powell v. Noble, 798 F.3d 690 (8th Cir. 2015) (standard of review for preliminary injunction denial)