Beaty v. Brewer

Summary

The Ninth Circuit denied rehearing en banc and vacated a temporary stay of execution in Donald Beaty's challenge to Arizona's substitution of pentobarbital for sodium thiopental in its execution protocol. The court's concurrence concluded that Beaty had not shown a likelihood of success or a sufficiently imminent risk of unconstitutional suffering, while Judge Reinhardt's dissents argued that the last-minute protocol change deprived Beaty of meaningful procedural due process. The document also includes the underlying panel order denying emergency injunctive relief.

Holdings

1. Beaty was not entitled to preliminary injunctive relief because he failed to satisfy the Winter requirements, including demonstrating a likelihood of success on the merits and a sufficient likelihood of irreparable harm.
2. Rehearing en banc was denied because a majority of the non-recused active judges did not vote in favor of rehearing, making the panel’s order final.
3. The previously issued temporary stay of execution was vacated.

Questions Presented

1. Whether Beaty was entitled to a temporary restraining order or preliminary injunction staying his execution based on Arizona’s last-minute substitution of pentobarbital for sodium thiopental.
2. Whether Beaty satisfied the Winter factors for preliminary injunctive relief.
3. Whether the previously issued temporary stay of execution should remain in effect after denial of rehearing en banc.

Disposition

writ_denied