Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
4Activity
0 of .
Results for:
No results containing your search query
P. 1
Lott Motion

Lott Motion

Ratings: (0)|Views: 2,055 |Likes:
Published by jmgamso
Motion for TRO & Preliminary Injunction
Motion for TRO & Preliminary Injunction

More info:

Published by: jmgamso on Feb 05, 2014
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

08/17/2014

pdf

text

original

 
IN THE UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF OHIO EASTERN DIVISIONIN RE: OHIO EXECUTION)Case No. 2:11-cv-1016PROTOCOL LITIGATION))JUDGE GREGORY L. FROST))Magistrate Judge Mark R. AbelThis document relates to: )PLAINTIFF GREGORY LOTT)Death penalty case: Execution)scheduled for March 19, 2014PLAINTIFF GREGORY LOTT’S MOTION FOR ATEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION
Plaintiff Gregory Lott, having filed his Complaint in the above-captioned case, submitsthis motion, pursuant to Federal Rule of Civil Procedure 65(a) and (b), for a temporaryrestraining order (“TRO”), a preliminary injunction and a stay of execution. Mr. Lott seeksinjunctive relief barring Defendants, and each of them and/or their agents, from acting jointly or severally to execute him on March 19, 2014, by means that will deprive him of his rights inviolation of the Eighth and Fourteenth Amendments to the United States Constitution and 42U.S.C. § 1983.In light of the scheduled execution date, a temporary restraining order and a preliminaryinjunction are necessary to allow Lott to litigate his claims before he is unconstitutionallyexecuted. Lott requests expedited discovery, oral argument and an evidentiary hearing with post-hearing briefing as the Court deems necessary on his motion. The reasons supporting thisrequest are explained in the attached memorandum in support.
Case: 2:11-cv-01016-GLF-MRA Doc #: 418 Filed: 02/03/14 Page: 1 of 43 PAGEID #: 12065
 
Respectfully submitted this 3
rd
 day of February, 2014.FEDERAL DEFENDER SERVICESOF EASTERN TENNESSEE, INC.BY:/s/Stephen A. FerrellStephen A. Ferrell (Ohio Reg. No. 0061707)Assistant Federal Community Defender Email: Stephen_Ferrell@fd.org
Trial Attorney and Counsel for Plaintiff Gregory Lott
/s/Stephen M. Kissinger (Pro Hac Vice)Stephen M. Kissinger (WY Bar No. 5-2342)Assistant Federal Community Defender Email: Stephen_Kissinger@fd.org
Co-counsel for Plaintiff Gregory Lott
/s/Dana C. Hansen Chavis (Pro Hac Vice Pending)Dana C. Hansen Chavis (TN Bar No. 019098)Email: Dana_Hansen@fd.org
Co-counsel for Plaintiff Gregory Lott
Federal Defender Services of Eastern Tennessee, Inc.800 S. Gay Street, Suite 2400Knoxville, TN 37929Phone: (865) 637-7979Fax: (865) 637-7999{2}
Case: 2:11-cv-01016-GLF-MRA Doc #: 418 Filed: 02/03/14 Page: 2 of 43 PAGEID #: 12066
 
MEMORANDUM IN SUPPORT
 
Table of Contents
I.Summary of the Argument................................................{1}A.Timing of the instant request..................................{1}B.The merits of the instant request...............................{4}II.Injunctive Relief........................................................{8}III.Lott is entitled to a temporary restraining order and/or a preliminary injunction staying hisexecution until such time as the merits of the claims raised in his individual complaint areadjudicated............................................................{9}A.There is a substantial likelihood that Lott will prevail on the merits of eachclaim raised in the Eighth Cause of Action in his individual complaint.........................................................{9}1.Plan A-1 violates the Eighth and Fourteenth Amendments evenwhen administered without error or deviation. (Eighth Cause of Action, A.).........................................{9}a.There is a substantial risk that, if Lott is executedunder Plan A-1, he will not die for 45 minutes after he has been injected with 5 grams of pentobarbital.......................................{9} b.Death occurring as much as 45 minutes or moreafter the administration of lethal injection drugs is“lingering” and thus prohibited by the EighthAmendment............................{12}c.The disgrace inherent in Defendants’ handling of Lott as if he were dead, while he is still alive,violates the Eighth Amendment.............{14}d.Because Lott’s sentence will be satisfied uponDefendant Warden’s pronouncement of his death,yet Lott will remain alive, Defendants’ denial of themedical care necessary to resuscitate him violatesthe Eighth Amendment...................{15}2.Plan A-2 violates the Eighth and Fourteenth Amendments evenwhen administered without error or deviation. (Eighth Cause of Action, B.)........................................{17}a.Plan A-2 creates a substantial risk that Lott willexperience unnecessary pain and suffering....{17}{i}
Case: 2:11-cv-01016-GLF-MRA Doc #: 418 Filed: 02/03/14 Page: 3 of 43 PAGEID #: 12067

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->