385 F. Supp. 3d 1215
U.S. Cir. Ct.2019Background
- Christopher Lee Price, condemned in Alabama, challenged his scheduled April 11, 2019 execution by Alabama’s three‑drug midazolam-based lethal injection protocol and sought nitrogen hypoxia instead.
- Alabama enacted nitrogen hypoxia as an authorized execution method (effective June 1, 2018) and gave inmates with final judgments before that date a 30‑day window (through June 30, 2018) to elect nitrogen hypoxia by written delivery to the warden; Price did not timely elect.
- Some death‑row inmates timely elected nitrogen hypoxia (48 overall); several inmates with pending challenges settled with the State and obtained assurances they would be executed by nitrogen after timely election. Price did not receive or return an election form before June 30, 2018.
- Price sued under 42 U.S.C. § 1983 alleging (1) Eighth Amendment cruel‑and‑unusual‑punishment, and (2–3) Fourteenth Amendment equal‑protection claims based on the State’s refusal to permit his belated election of nitrogen hypoxia and alleged inconsistent treatment.
- The court considered cross motions for summary judgment and Price’s emergency motion for a preliminary injunction/stay of execution; it denied Price’s motions, finding he failed to show a likelihood of success on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Equal Protection: whether denying Price a belated election of nitrogen hypoxia violates equal protection | Deadline is arbitrary; Price contends similarly situated inmates were allowed nitrogen and he was denied without rational basis | Lawfully enacted 30‑day deadline is rationally related to State interests (efficient planning and finality); all inmates received the same form and opportunity | Denied — Price failed to negate any conceivable rational basis; not similarly situated to settled inmates who timely elected |
| Eighth Amendment: whether midazolam protocol creates unconstitutional risk and nitrogen is a feasible, readily implemented, safer alternative | Midazolam protocol poses substantial risk of severe pain; nitrogen hypoxia would significantly reduce that risk and is available | State: nitrogen not yet operationally ready for executions; even if safer, State has legitimate reasons to decline switching for Price | Denied — Price showed nitrogen likely reduces risk but failed to show it is readily implemented by the State for his execution date |
| Availability/Readily Implemented Alternative | Nitrogen is available commercially and is an approved method by statute; simple equipment allegedly suffices | ADOC lacks a finalized protocol and practical details (administration, safety, logistics); not "readily implemented" for an imminent execution | Denied as to readiness — court concluded record insufficient to find nitrogen readily implementable by the State |
| Stay of Execution / Preliminary Injunction | Immediate stay required because Eighth Amendment and equal protection violations are likely | Last‑minute stay inappropriate; Price must show likelihood of success and satisfy equitable factors | Denied — Price failed to demonstrate substantial likelihood of success and equitable factors did not favor a stay |
Key Cases Cited
- Baze v. Rees, 553 U.S. 35 (establishes framework for method‑of‑execution Eighth Amendment claims)
- Bucklew v. Precythe, 139 S. Ct. 1112 (clarifies burden: prisoner must show feasible, readily implemented alternative that significantly reduces substantial risk)
- Heller v. Doe by Doe, 509 U.S. 312 (describes rational‑basis review in equal protection challenges)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden shifting principles)
- Hill v. McDonough, 547 U.S. 573 (federal courts’ role in stays of execution and equitable sensitivity to State interests)