Jeffrey Landrigan v. Janice Brewer

Good Law
United States Court of Appeals for the Ninth CircuitOctober 26, 201010-99021California1,805 words

Opinion

Opinion

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEFFREY TIMOTHY LANDRIGAN,  No. 10-99021 Plaintiff-Appellee, D.C. No. v. JANICE K. BREWER; et al.,  2:10-cv-00246-ROS District of Arizona, Defendants-Appellants. Phoenix

 ORDER

Filed October 26 2010

Before: Pamela Ann Rymer, Kim McLane Wardlaw, and William A. Fletcher, Circuit Judges.

ORDER

The State of Arizona appeals the district court’s order granting a temporary restraining order enjoining the sched- uled execution on October 26, 2010 of Arizona inmate Jeffrey Timothy Landrigan.1 We cannot say the district court abused its discretion, and we affirm.

Landrigan filed a complaint under 42 U.S.C. § 1983 on October 21, 2010, challenging the use of sodium thiopental from an unidentified foreign manufacturing source that is not approved by the Food and Drug Administration (FDA). He maintains that this creates a substantial and unnecessary risk of serious pain during his execution in violation of the Eighth Amendment to the United States Constitution. Landrigan also 1 The district court’s mandate states that “Plaintiff ’s…

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