After judge files written preliminary injunction order, state appeals | Arkansas Blog

Thursday, April 20, 2017

After judge files written preliminary injunction order, state appeals

Posted By on Thu, Apr 20, 2017 at 11:37 AM

click to enlarge Judge Alice Gray - BRIAN CHILSON
  • Brian Chilson
  • Judge Alice Gray

Attorney General Leslie Rutledge
has asked the Arkansas Supreme Court to force Judge Alice Gray to issue a written order an injunction on the state using vecuronium bromide in its execution protocol. The drug's supplier McKesson filed a complaint alleging that the Arkansas Department of Correction acquired vecuronium bromide under false pretenses. Gray verbally indicated she intended to issue the injunction yesterday from the bench in that case. According to a petition filed by the attorney general, the state understood that Gray would issue the order by 9:30 a.m., but Gray has not done so.

UPDATE: Gray's order was electronically filed at 11:30 a.m.


The order granting a preliminary injunction says, "The Court finds that in the absence of a preliminary injunction, Plaintiff will suffer irreparable harm which cannot be adequately compensated by money damages or redressed by a court of law."

Gray has not required ADC to return the vecuronium bromide.


UPDATE II: Now the state has filed an emergency motion for a stay in Gray's ruling to the Arkansas Supreme Court.


From the motion:

The bottom line to all the claims is that McKesson willingly sold a drug to the ADC and then experienced seller’s remorse. McKesson asked the ADC to return the drug after the transaction but the ADC declined. No valid legal theory supports McKesson’s argument that a person who purchases a product must use that product in a certain way as dictated by the seller after the completion of the transaction, or must return the product on demand by the seller after the completion of the transaction. McKesson’s contentions about violations of medical and drug statutes and regulations are immaterial because McKesson is not the enforcement authority for any such statute or regulation and cannot bring a private cause of action against the ADC for such enforcement.

The ADC has said it has no other vecuronium bromide than the supply it obtained from McKesson and has no other source from which to purchase more. Without it, tonight's executions cannot proceed.

The State requires extremely expedited handling of this matter because the expedited injunction will bar both the early-afternoon mixing and evening use of a lethal-injection drug for tonight's scheduled execution. The State plans to take an immediate appeal of the circuit court's written order and bring an emergency motion for an immediate stay of that order as soon as the written order is entered.


Tags: , ,


Sign up for the Daily Update email
Favorite

Comments (9)

Showing 1-9 of 9

Add a comment

 
Subscribe to this thread:
Showing 1-9 of 9

Add a comment

More by Lindsey Millar

  • Chelsea Clinton to come to Little Rock for Clinton School talk

    Chelsea Clinton will come to Little Rock Sunday, May 20, to talk about her new children's book, "She Persisted Around the World." It's a companion to her bestselling "She Persisted." The location is still to be determined. She'll be interviewed onstage and the Arkansas Repertory Theatre will do a reading of the book.
    • Apr 23, 2018
  • The Wendell Griffen News Cycle Edition

    Embattled Pulaski County Circuit Judge Wendell Griffen, a group of UA Little Rock students repeatedly shouting the n-word while singing along to a popular song, the federal corruption trial of former Sen. Jon Woods and more — covered on this week's podcast.
    • Apr 20, 2018
  • Police arrest another suspect in Power Ultra Lounge shooting

    The Little Rock Police Department has issued warrants for a Memphis man in connection with the Power Ultra Lounge shooting.
    • Apr 19, 2018
  • More »

Readers also liked…

  • Speaking of the Clinton Foundation: Returns in maize and beans

    A reporter for Politifact, the Pulitzer Prize-winning fact-checking organization, sent a reporter to Africa to see where money given to the Clinton Foundation has been put to work. He found tangible results.
    • Sep 6, 2016
  • Little Rock school activists announce events for 60th anniversary of Central High crisis

    The group is not affiliated with the official "Reflections of Progress" commemoration of the 60th anniversary. However, at least two of the Little Rock Nine may be joining the group for an event at 2:30 p.m. at the state Capitol in the Old Supreme Court Chamber.
    • Sep 14, 2017
  • A response to police arrests becomes a tutorial on race, class and policing in Little Rock

    John Walker, the 79-year-old civil rights lawyer, and his associate, Omavi Shukur, 29, a young lawyer devoted to criminal justice reform, talked to press this afternoon about their arrests Monday by Little Rock police for supposedly obstructing governmental operations in observing and attempting to film a routine police traffic stop. It was a tutorial on sharp views of race, class and governance in Little Rock.
    • Sep 29, 2016

Most Viewed

Most Recent Comments

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation