permissible overarching rules for each capital inmate.Ohio argues that regardless of what happened in the past, the state can now be trusted todo the right thing.Against this backdrop, the captioned case is before the Court for consideration of Plaintiff Mark Wiles’ motion for a temporary restraining order and a preliminary injunction(ECF No. 84) and Defendants’ memorandum in opposition (ECF No. 95). Plaintiff seeks a stayof his scheduled April 18, 2012 execution, while Defendants seek to persuade this Court onceagain that they are able to implement Ohio’s execution protocol in a constitutional manner.Ohio has time and again failed to follow through on its own execution protocol. Theprotocol is constitutional as written and executions are lawful, but the problem has been Ohio’srepeated inability to do what it says it will do. As a result, this Court has dealt with inmatechallenges to the constitutionality of Ohio’s execution protocol for close to eight years.
Duringthat time, the litigation has morphed from focusing primarily on allegations of cruel and unusualpunishment to allegations of equal protection violations. And as this Court has previously stated,“Ohio has been in a dubious cycle of defending often indefensible conduct, subsequentlyreforming its protocol when called on that conduct, and then failing to follow through on its ownreforms.”
In re Ohio Execution Protocol Litig. (Lorraine)
, No. 2:11-cv-1016, 2012 WL 84548,at *1 (S.D. Ohio Jan. 11, 2012). Ohio has now come forward with yet another set of reforms toits practices that it assures this Court will remedy the state’s unconstitutional conduct.
The original execution protocol case dates back to 2004. Over the years, variousinmates filed additional cases. By agreement of the parties, the Court ultimately consolidated allthe execution protocol cases under case number 2:11-cv-1016 and closed the four original caseson the docket so that the parties would be able to proceed under only one case number.
Case: 2:11-cv-01016-GLF-MRA Doc #: 107 Filed: 04/04/12 Page: 2 of 49 PAGEID #: 5217