Willie Tyron Trottie v. Brad Livingston

Summary

The Fifth Circuit affirmed the denial of Willie Tyrone Trottie's motion for a preliminary injunction or temporary restraining order seeking to stay his execution. Trottie alleged that Texas's failure to disclose additional information about the source, preparation, and testing of the pentobarbital created an unconstitutional risk of severe pain and violated due process. The court held that his claims were foreclosed by circuit precedent because speculation about execution procedures did not establish a cognizable liberty interest or a likelihood of success on the merits.

Holdings

1. Trottie was not entitled to a preliminary injunction or temporary restraining order because he failed to show a likelihood of success on his constitutional claims.
2. Trottie did not identify a cognizable due process liberty interest in obtaining information about the execution drug or protocol because his asserted risk was based only on speculation.
3. The panel was bound by Sells under the Fifth Circuit's rule of orderliness because Trottie identified no intervening change in law.

Questions Presented

1. Whether Trottie was entitled to a preliminary injunction or temporary restraining order staying his execution based on alleged Eighth Amendment risks arising from the State's failure to disclose additional information about the pentobarbital and execution protocol.
2. Whether Trottie had a cognizable due process liberty interest in obtaining information about the source, preparation, testing, and storage of the execution drug.

Disposition

affirmed