Manuel Pardo, Jr. v. John Palmer
500 F. App'x 901
11th Cir.2012Background
- Pardo, a death row inmate in Florida, filed a §1983 suit on December 6, 2012 seeking a TRO, preliminary injunction, and stay of execution.
- Pardo challenged Florida’s September 4, 2012 three-drug lethal injection protocol as Eighth Amendment cruel and unusual punishment.
- Pardo claimed the protocol and its deviations from the written protocol violated the Fourteenth Amendment Equal Protection Clause.
- The district court conducted an evidentiary hearing and denied relief, finding Pardo’s claims not distinguishable from Ferguson.
- This court reviews a denial of a stay for abuse of discretion, focusing on substantial likelihood of success, irreparable injury, harm to others, and public interest.
- The district court’s decision relied on prior Ferguson rulings and analysis of changes to the protocol and timing of execution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eighth Amendment constitutes substantial risk of harm | Pardo argues protocol creates substantial risk of harm | Ferguson controls; no substantial risk shown | No substantial likelihood of success on Eighth Amendment claim |
| Equal Protection based on deviations from core protocol | Pardo asserts disparate treatment from other inmates | All inmates face same protocol and safeguards | No substantial likelihood of success on Equal Protection claim |
Key Cases Cited
- DeYoung v. Owens, 646 F.3d 1319 (11th Cir. 2011) (stay standards and irreparable harm framework; abuse-of-discretion review)
- Baze v. Rees, 553 U.S. 35 (U.S. 2008) (one-drug alternatives not required for constitutionality; evolving standards not controlling)
- Arthur v. Thomas, 674 F.3d 1257 (11th Cir. 2012) (evolving standards and method-of-execution challenges)
- McNair v. Allen, 515 F.3d 1168 (11th Cir. 2008) (accrual of method-of-execution claims; timing of changes)
- Powell v. Thomas, 641 F.3d 1255 (11th Cir. 2011) (per curiam; stay considerations)