Thorburn

Thorburn v. Department of Corrections

Good Law
1998 Cal. App. LEXIS 811·66 Cal. App. 4th 1284·78 Cal. Rptr. 2d 584·98 Daily Journal DAR 10385·98 Cal. Daily Op. Serv. 7500
Court of Appeal of CaliforniaSeptember 29, 1998A076423California3,863 words

Opinion

Opinion

Phelan, J.

Appellants are 13 physicians licensed in California: Drs. Kim Marie Thorburn, Helen Rodriguez-Trias, Janice Kirsh, Corey Weinstein, Vishwanath Rao Lingappa, Joellen Brainin-Rodriguez, Thomas Woods Crane, Gary Randall Fujimoto, Vincent Iacopino, Anthony B. Iton, Robert Jay Harrison, John Whitson Roark, Jr., and Rajiv Bhatia (collectively, hereinafter, appellants). Respondents are all involved in the execution of judgments of death in California: the California Department of Corrections and its director, which govern and control San Quentin State Prison (hereinafter, San Quentin), where the executions are carried out; Arthur Calderon, warden of San Quentin, who is directly responsible for determining the duties performed by physicians during executions; E. Juel, chief medical officer at San Quentin, who is required by execution procedures to attend executions; and Q.E. Crews, R.G. Tang, and John Does 1-20, physicians on the San Quentin medical staff who have participated in executions of California inmates (collectively, hereinafter, respondents).

In their complaint, appellants alleged that physician participation in executions constitutes “unprofessional conduct” within…

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