A drug manufacturer filed suit Tuesday in an effort to stop Wednesday's execution of convicted murderer Scott Dozier.
Todd Bice, an attorney with Alvogen, accused the state of deceptively obtaining the drug by having it shipped to a pharmacy in Las Vegas rather than the state prison in Ely.
Alvogen said in its lawsuit that midazolam has been involved in a number of botched executions across the U.S. when it failed to sufficiently sedate the condemned man.
Death row inmate Scott Dozier appears before District Judge Jennifer Togliatti during a hearing about his execution at the Regional Justice Center on September 11, 2017, in downtown Las Vegas.
With manufacturers unwilling to sell any drugs to be used in executions, Nevada's Department of Corrections quietly purchased small doses of fentanyl from Cardinal Health over several months and plans to use the prescription painkiller in combination with paralytic drug cisatracurium and sedative midazolam in the state's first execution in 12 years, scheduled for Wednesday, per the Guardian and Vice.
If the ruling sticks, Alvogen would become the first drugmaker to successfully sue to halt an execution.
The lawsuit is the second legal challenge to an execution by a drug company in the U.S.
A spokeswoman for Nevada Department of Corrections, Brooke Santina, told the Reno Gazette Journal the agency would not comment on the pending litigation. Dozier is slated to die Wednesday, July 11, 2018, by a three-drug lethal injection combination never before tried in any state and has said repeatedly he wants his sentence carried out and he doesn't care if it's painful.
Nevada refused Pfizer's demand past year to return the company's diazepam and fentanyl, which has been blamed for overdoses nationwide but has not been used in an execution.
The judge ruled that based on that letter, Alvogen had a reasonable probability of winning its lawsuit, and she issued the temporary restraining order against the use of the drug.
Goosebumps 2: Haunted Halloween - First Trailer For The Horror Sequel
But it was widely reported in December 2017 that Black was coming back to play the writer and voice Slappy. "Did you miss me?" asks the dummy who then sets off to bring more creatures to life on Halloween.
The England star Croatia are fearing
In Mandzukic, Luka Modric , Ivan Rakitic and Ivan Perisic, Croatia have players who are at some of Europe's top clubs. Russian Federation is hosting the most expensive edition of the Fifa World Cup in the history of the tournament.
Cardi B Welcomes Baby Girl - Check Out Her Unique Name!
The "I Like It" rapper even claimed that he former manager tried to control her relationship with Offset . More details on the lawsuit between Cardi B and her ex-manager seem to be coming through every week.
"I've been very clear about my desire to be executed ... even if suffering is inevitable", Dozier said in a handwritten note to a judge who postponed his execution in November over concerns the untried drug regimen could leave him suffocating, conscious and unable to move.
Jordan T. Smith, an assistant Nevada solicitor general, countered at Wednesday's hearing that Nevada didn't put up a "smokescreen" or do anything wrong in getting the drugs. The previous challenge, filed a year ago by a different company in Arkansas, was unsuccessful in halting that execution. Nevada obtained the midazolam after its supply of another sedative, diazepam, commonly known as Valium, expired. The drug is meant to render the inmate unconscious. Fentanyl is used to slow the heart rate, sedate and continue to suppress breathing, and finally Cisatracurium to paralyze the inmate before death.
Bice said Alvogen does not take a position on the death penalty itself but opposes the use of the drug in a way that is fundamentally contrary to its goal - saving and improving lives.
Dozier suspended any appeals of his conviction and sentence, which would make him one of about 10 percent of the 1,477 inmates who gave up appeals and were executed nationwide since 1977, according to the Death Penalty Information Center.
"Life in prison isn't a life", the 47-year-old inmate told the Review-Journal. In court hearings and letters, he said there is a limit to how much artwork and exercise a person can do in prison.
Dozier was convicted of first-degree murder in 2007 for the slaying of 22-year-old Jeremiah Miller. His decapitated torso was found in a suitcase in an apartment building trash bin, also missing lower legs and hands. A witness testified Dozier used a sledgehammer to break Greene's limbs so the corpse would fit in a plastic storage container.
Last year, Dozier dropped his death penalty appeals and asked to be executed.
The lawsuit names the director of Nevada's department of corrections, James Dzurenda, and the state's chief medical officer, Dr Ihsan Azzam, as conspiring to buy the midazolam along with an unidentified doctor who will participate in the execution.
Nevada death row inmate Scott Dozier, right, confers with Lori Teicher, a federal public defender involved in his case, in 2017. They argued that the untried three-drug combination would be less humane than putting down a pet.
Midazolam has been used with inconsistent results in states including Alabama, Arkansas, Arizona, Florida and Ohio. In 2014, an inmate in OH and another one in Arizona were left gasping and snorting before they died in what death penalty foes called botched executions.