No. 18-6892

Joseph C. Garcia v. Bryan Collier, Executive Director, Texas Department of Criminal Justice, et al.

Lower Court: Fifth Circuit
Docketed: 2018-12-03
Status: Denied
Type: IFP
IFP
Tags: access-to-courts compounding-pharmacy due-process eighth-amendment eighth-amendment,access-to-courts,preliminary-inju execution-drug preliminary-injunction safety-violations standing
Latest Conference: N/A
Question Presented (from Petition)

1. Whether the denial of the motion for preliminary injunction was improper where the State of Texas impeded a condemned prisoner from succeeding on an Eighth Amendment challenge to the State's use of an execution drug from a specific source, known to have safety violations, by refusing to provide the prisoner with readily available information the prisoner needed to prove his claim.

2. Where the petitioner does not challenge the method of execution or any part of the execution procedure used by the State, but rather seeks to prevent the use of an execution drug from one, specific supplier known to have a litany of safety violations, must the petitioner plead "a known and available alternative method of execution," pursuant to Glossip v. Gross, 135 S. Ct. 2726, 2731 (2015)?

Question Presented (AI Summary)

Whether the State of Texas impeded a condemned prisoner from succeeding on an Eighth Amendment challenge by refusing to provide readily available information needed to prove the claim

Docket Entries

2018-12-04
Application (18A572) referred to the Court.
2018-12-04
Application (18A572) denied by the Court.
2018-12-04
Petition DENIED.
2018-12-04
Brief of respondent Bryan Collier, et al. in opposition filed.
2018-12-04
Reply of petitioner Joseph C. Garcia filed.
2018-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2019)
2018-12-03
Application (18A572) for a stay of execution of sentence of death, submitted to Justice Alito.

Attorneys

Bryan Collier, et al.
Matthew Dennis OttowayAssistant Attorney General, Respondent
Joseph Garcia
Jessica Lynn FelkerOffice of Federal Public Defender, District of Arizona, Petitioner