Tenth Refuses to Enjoin Execution

Hamilton v. Jones, 2007 WL 18926 (1/4/07) - The 10th refuses to enjoin an Oklahoma murder scheduled for today. First, the prisoner took too long to pursue state administrative remedies and then to file a § 1983 complaint to contest the lethal injection process. Second, the prisoner did not establish a likelihood of success challenging the process because Oklahoma's protocol seemed just fine, even though there was no provision for someone to monitor whether the anesthesia was working. Though monitoring would be "optimal," the 10th was willing to accept the attenuated" risk the prisoner might suffer unnecessary pain. The botched execution in Florida where the IV was pushed completely through the inmate's veins, prompting a moratorium on Florida executions, was irrelevant here because Oklahoma requires an EMT to deal with the IV. May Mr. Hamilton rest in peace.