Filed on behalf of Pacific News Service, PNS v. Woodford states that part of the three-drug regimen used to carry out executions in California acts as a chemical curtain. PNS believes the drug conceals significant information, violating the First Amendment rights of the press and the public to be fully informed about executions.
The state of California uses a three drug combination to carry out executions: first, sodium pentothal, a short-acting barbiturate; second, pancuronium bromide, a drug which paralyzes all voluntary muscles; and third, potassium chloride, which causes cardiac arrest.
The PNS lawsuit focuses on the second drug, stating that it serves no legitimate purpose in the execution and masks any potential pain or suffering to which the inmate is subjected.
The ACLU-NC is seeking a permanent injunction to prevent the California Department of Corrections and San Quentin State Prison from using pancuronium bromide, also known as Pavulon.
In an earlier ACLU case, CFAC v. Woodford, decided in 2002, the federal courts held that the actual curtain that was used at the first lethal execution in California “was motivated at least in part by a desire to conceal the harsh reality of executions from the public.”
Litigation in Pacific News Source v. Woodford is ongoing.
LEGAL DOCUMENTS
Complaint
First Amended Complaint
Opposition to Motion to Dismiss
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