Opinion

Juan Chavez v. Florida SP Warden, etal

  • 742 F.3d 1267
  • 2014 U.S. App. LEXIS 2700
  • 2014 WL 552856
Court
Court of Appeals for the Eleventh Circuit
Filed
Feb 12, 2014
Status
Published
Author
Wilson
On the bench
Carnes, Wilson, Martin
Nature of suit
NEW
Cited by
69 cases

stating that “[a] preliminary injunction is appropriate [only] if the movant demonstrates all of these elements: (1) a substantial likelihood of success on the merits; (2) that the preliminary injunction is necessary to prevent irreparable injury; (3) that the threatened injury outweighs the harm the preliminary injunction would cause the other litigant; and (4) that the preliminary injunction would not be averse to the public interest”

How later courts described this case

  • stating that “[a] preliminary injunction is appropriate [only] if the movant demonstrates all of these elements: (1) a substantial likelihood of success on the merits; (2) that the preliminary injunction is necessary to prevent irreparable injury; (3) that the threatened injury outweighs the harm the preliminary injunction would cause the other litigant; and (4) that the preliminary injunction would not be averse to the public interest”
  • affirming the dismissal of Eighth Amendment challenge to Florida’s nearly identical lethal injection protocol that uses 500 mg of midazolam as the first drug
  • rejecting a method-of-execution claim in part because the prisoner admitted that the relevant lethal injection drug alternatives were unavailable
  • discussing the scarcity of lethal injection drugs

Written by the judges who cited it.

The opinion

WILSON, Circuit Judge,

concurring:

I agree that the district court properly found that Chavez failed to demonstrate a substantial likelihood of success on the merits of his claims and is thus not entitled to a stay of his execution. Therefore, I concur in the majority opinion. I write separately to underscore that the question of whether a significant change has occurred to a state’s lethal injection protocol is a fact-intensive inquiry for which an evidentiary hearing is especially important. The district judge in this case properly conducted an evidentiary hearing and thoroughly studied the parties’ filings and exhibits and the governing legal principles. Indeed, while the district court concluded that expert anesthesiologist Dr. Lubar-sky’s testimony was ultimately speculative and insufficient to meet Chavez’s burden, nothing prevents a future inmate from presenting an anesthesiologist or expert to *1276 assert an opinion based on more conclusive and methodologically sound results. Further, in the event of a botched execution in this or a future case, such evidence may be relevant in a subsequent Eighth Amendment challenge to Florida’s execution practices.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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