Oral Argument at Washington University School of Law
This Wednesday, February 11, 2009 beginning at 9:30 a.m., the U.S. Court of Appeals for the 8th Circuit will have a special session at the Washington University School of Law to hear oral arguments in the case Reginald Clemons, et al. v. Larry Crawford, et al.. The case challenges the constitutionality of the manner in which Missouri’s lethal injection protocol will be implemented in future executions. The appellants’ (which include Reggie Clemons) complaint alleges that the Department of Corrections has a well-documented history of employing incompetent and unfit personnel to perform crucial tasks in the lethal objection procedure. Based on this theory, the appellants allege that the Department of Corrections will continue to employ such incompetent and unfit personnel for future executions. As a result, the appellants contend that there is a substantial risk that they will be insufficiently anesthetized and will therefore suffer extreme pain prior to their deaths. After initially denying the defendants’ motion for judgment on the pleadings, the U.S. District Court for the Western District of Missouri reversed itself and dismissed the case. The oral arguments are an appeal from that decision.
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