ACLU v. California Department of Corrections and Rehabilitation

On Nov. 17, 2010, the ACLU-NC filed a suit under the California Public Records Act to demand records from the California Department of Corrections and Rehabilitation (CDCR) about its recent acquisition of sodium thiopental, a controlled substance used as part of California's lethal injection protocol for executing death row inmates.

In late September, the CDCR asked the courts to allow it to conduct an execution before the end of the month because its supply of sodium thiopental was about to expire and it would be unable to obtain any more of the drug before 2011. Then, on Oct. 6, the CDCR suddenly announced it had obtained a new supply but did not explain how it had done so. On Oct. 7, 2010, the ACLU-NC submitted a California Public Records Act (PRA) request to obtain records relating to this surprising development. The request asks for basic records relating to the CDCR's acquisition, use, and destruction of sodium thiopental, including copies of the packaging and inserts and instructions for use that came with the drug.

The CDCR failed to produce any of the records, even though the Department admits the public has a right to examine at least some of the records about its new supply of the potentially lethal drug.  

The initial hearing in the case was held on Nov. 30, 2010 in San Francisco Superior Court.

On Dec. 8, 2010, the ACLU-NC received responsive documents from the CDCR. These documents are available here:

Responsive documents »

The ACLU believes that the public has a right to additional information that the CDCR is still refusing to release. The court will hold a further hearing on the case on Jan. 10, 2011 on the ACLU's request for additional disclosure.