Samuel Lopez v. Janice Brewer
2012 U.S. App. LEXIS 9802
| 9th Cir. | 2012Background
- Arizona inmates challenge 2012 death‑penalty protocol in §1983 action; López seeks preliminary injunction; district court denied relief; López appeals; district court addressed IV placement, equal protection, access to counsel, and lack of evidentiary hearing; Towery v. Brewer informs standard; lower court found no substantial likelihood of success on merits; majority upholds district court with interim modification on counsel visits; isolation of Towery execution cited as precedent for sufficient safety under Baze; the Director’s discretion and secrecy practices are central to the dispute; the 2012 Protocol permits adaptive IV teams and limits in‑person counsel visits; the court emphasizes ongoing ad hoc changes risk constitutional concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eighth Amendment risk from IV placement | Lopez argues objectively intolerable pain risk from IV placement | Arizona argues risks are not objectively intolerable; Towery shows limited pain not unconstitutional | Lopez fails likelihood of success; no serious questions |
| Equal protection in IV-site decisions | Lopez alleges disparate treatment affecting pain risk | Discretion to choose IV sites depends on individual factors; no unconstitutional pattern | District court did not err; no serious questions shown |
| Access to in‑person counsel on execution day | Protocol restrictions violate due process and right to counsel | Discretion to limit visits is permissible for penological reasons | Affirmed with interim modification: allow in‑person non‑contact visits until 9:00 a.m. |
| Need for evidentiary hearing | New evidence could shift likelihood of success | Record good; no need for hearing | District court did not abuse its discretion; no evidentiary hearing warranted |
Key Cases Cited
- Baze v. Rees, 553 U.S. 35 (U.S. 2008) (objective risk standard for Eighth Amendment in executions)
- Towery v. Brewer, 672 F.3d 650 (9th Cir. 2012) (precedent on protocol challenges and stay standards)
- Dickens v. Brewer, 631 F.3d 1139 (9th Cir. 2011) (earlier protocol protections and training requirements)
- Serrano v. Francis, 345 F.3d 1071 (9th Cir. 2003) (due process liberty interest in avoiding unconstitutional execution method)
- Turner v. Safley, 482 U.S. 78 (U.S. 1987) (reasonableness of prison restrictions affecting fundamental rights)