Stephen Michael West v. Derrick Schofield, in his official capacity
380 S.W.3d 105
Tenn. Ct. App.2012Background
- Condemned inmates West and Irick challenge Tennessee's revised three-drug lethal injection protocol as cruel and unusual punishment.
- Original protocol used 5 g sodium thiopental, 100 mg pancuronium bromide, 200 mEq potassium chloride with no consciousness checks.
- November 2010 revisions added checks for consciousness to verify unconsciousness before second/third drugs.
- Trial court ruled revisions address constitutional deficiencies; remanded after Tennessee Supreme Court proceedings.
- This Court upheld the trial court and affirmed, remanding for any further needed action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does consciousness checking eliminate substantial risk of consciousness during execution? | West/Irick contend checks do not eliminate risk. | State contends checks adequately address deficiencies. | Yes; checks eliminate substantial risk per standard. |
| Is a one-drug protocol a feasible, readily implemented alternative that significantly reduces pain? | One-drug option would reduce risk of pain. | One-drug option not demonstrated as feasible or significantly safer. | No; not shown to be feasible or significantly safer. |
| What is the appropriate standard of review for remand findings on protocol constitutionality? | Remand findings should negate revised protocol's constitutionality. | Trial court findings should be reviewed de novo on law and fact. | Standard remains as specified; de novo review for law, factual findings reviewed with deference. |
Key Cases Cited
- Baze v. Rees, 553 U.S. 35 (U.S. Supreme Court, 2008) (reaffirmed substantial risk standard for alternatives to lethal injection)
- Workman v. Bredesen, 486 F.3d 896 (6th Cir. 2007) (one-drug viability and comparative safety considerations)
- Farmer v. Brennan, 511 U.S. 825 (U.S. Supreme Court, 1994) (risk of harm and need for feasible, readily implemented protections)
- Resweber v. McCaughn, 329 U.S. 495 (U.S. Supreme Court, 1947) (reaffirmed that method of execution may involve some pain without rendering it unconstitutional)
- Jones v. Garrett, 92 S.W.3d 835 (Tenn. 2002) (precedent on factual review and credibility assessments in Tennessee)
- Berryhill v. Rhodes, 21 S.W.3d 188 (Tenn. 2000) (standard of review for appellate findings of fact)
- Taylor v. Fezell, 158 S.W.3d 352 (Tenn. 2005) (review of legal conclusions de novo)