Pizzuto

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERALD ROSS PIZZUTO, Jr., No. 24-2275 D.C. No. Plaintiff - Appellee, 1:21-cv-00359-

BLW

v.

JOSH TEWALT, Director, Idaho Department of Correction, in his OPINION official capacity; RANDY VALLEY, Warden, Idaho Maximum Security Institution, in his official capacity,

Defendants - Appellants.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding

Argued and Submitted September 25, 2024 San Francisco, California

Filed March 21, 2025

Before: Ronald M. Gould, Johnnie B. Rawlinson, and Mark J. Bennett, Circuit Judges.

Opinion by Judge Bennett SUMMARY *

Discovery / 42 U.S.C. § 1983 / Collateral Order Doctrine

In this interlocutory appeal, the panel affirmed the district court’s order granting Idaho death-row inmate Gerald Ross Pizzuto’s request for discovery about where Idaho’s execution protocol drugs originated, how the drugs were manufactured, and when Idaho obtained the drugs. Pizzuto filed a complaint under 42 U.S.C § 1983 against the director of Idaho’s Department of Corrections and the…