Judge Rules in Favor of MFIA Clinic in Arizona Department of Corrections Case
On December 21, 2016, a federal judge in the District of Arizona granted partial summary judgement in favor of Yale Law School’s Media Freedom and Information Access Clinic in its lawsuit against The Director of the Arizona Department of Corrections (ADC). The lawsuit challenges Arizona laws and regulations that contravene the public’s First Amendment right of access to executions. The judge issued a permanent injunction requiring the Arizona Department of Corrections to allow witnesses to view the entirety of lethal injection executions, including each administration of drugs, and struck down provisions of ADC’s execution protocol granting the ADC’s director unfettered discretion to remove witnesses from executions without notice. The judge also denied Arizona’s cross-motion for summary judgment, permitting the clinic’s remaining claims for access to information about Arizona’s lethal injection chemicals and those who supply and administer the drugs to proceed.
The clinic initiated this civil rights lawsuit in 2014 on behalf of a coalition of news organizations, including the Guardian US, the Associated Press, The Arizona Republic, KPNX-TV, KPHO Broadcasting Corporation, and The Arizona Daily Star. The Clinic’s Co-Director, David Schulz, and former clinical teaching fellow and supervising attorney, Jonathan Manes, led a team of students in crafting the complaint, managing discovery, and filing summary judgment papers. On October 28, 2016, current clinical teaching fellow and supervising attorney, John Langford, argued summary judgment on behalf of the news organizations before Judge Murray Snow in Phoenix.
In partially granting the clinic’s summary judgment motion, Judge Snow found two problems with ADC’s procedures. First, ADC’s execution protocol permitted ADC to administer additional doses of lethal chemicals without notifying witnesses. Second, the protocol granted ADC’s director unlimited discretionary authority to close the viewing room and remove witnesses mid-execution. The court concluded that neither aspect of ADC’s protocol comports with the public’s right to view the entirety of an execution.
In addition, Judge Snow denied Arizona’s motion for summary judgment, permitting the clinic to continue pursuing its clients’ claims seeking to vindicate the public’s right to additional information about Arizona’s lethal chemicals and injection executions. Specifically, the news organizations seek access to (1) the composition and quality of Arizona’s lethal injection drugs; (2) the qualifications of those performing the executions; and (3) the identity of the source or sources of Arizona’s lethal injection drugs. The clinic is currently preparing to litigate these remaining claims.
The Media Freedom and Information Access Clinic (MFIA) is a law student clinic dedicated to increasing government transparency, defending the essential work of news gatherers, and protecting freedom of expression by providing pro bono legal services, pursuing impact litigation and developing policy initiatives.
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