Dickens v. Brewer’s Empirical Analysis

Citation profile

13 federal appellate · 3 district · 5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We cannot embrace the claim that [Arizona’s three-drug] Protocol is unconstitutional because a one-drug approach is a proven alternative. Under Baze, the failure to adopt an alternative protocol establishes an Eighth Amendment violation only if the current protocol creates a substantial risk of serious harm that the alternative protocol will reduce. Baze, 558 U.S. at 52, 128 S.Ct. 1520 . “[A] condemned prisoner cannot successfully challenge a State’s method of execution merely by showing a slightly or marginally safer alternative [exists].” Id. at 51 , 128 S.Ct. 1520 (internal quotation and citation omitted). Here, we have determined that the [three-drug] Protocol does not create a substantial risk of serious harm, and thus Arizona cannot be required to adopt a one-drug protocol, even if there is evidence that the [one-drug] protocol is safer and feasible.”

   1 later decision quote this exact passage · from the majority
   e.g. Rhoades v. Reinke

2. “After the sodium thiopental is administered, the [Members of the Medical Team (“MTMs”) ] confirm that the inmate is unconscious by “sight and sound” using the camera and microphone, and an MTM enters the execution chamber to physically confirm unconsciousness. If the inmate is conscious, the Director of the [ADC] may order the [Special Operations Team (“SOT”)] members to administer an additional dose of sodium thiopental, and the MTMs go through the same steps to verify unconsciousness. The SOT members cannot administer the' pancuronium bromide until the MTMs have confirmed that the inmate is unconscious and at least three minutes have elapsed from the commencement of the administration of the sodium thiopental. The IV lines are flushed with heparin/saline between each injection, to ensure that they are clean and functioning properly.”

   1 later decision quote this exact passage · from the majority
   e.g. Cook v. Brewer

3. “Sodium thiopental is a fast-acting barbiturate that anesthetizes the inmate and permits the other chemicals to be administered without causing pain. Pancuronium bromide is a paralytic neuromuscular blocking agent that causes complete paralyzation and suffocation. Potassium chloride induces cardiac arrest. It is uncontested on this record that, if an inmate is not properly anesthetized by the sodium thiopental at the start of the execution, he will experience significant pain and suffering from the administration of the pancuronium bromide and potassium chloride. If the sodium thiopental is administered properly, however, there is no risk of pain during the execution.”

   1 later decision quote this exact passage · from the majority
   e.g. Cook v. Brewer