In September 2013, the ACLU of Arizona made two records requests to the Arizona Department of Corrections (ADC) seeking information about the lethal injection drugs to be used in the October 2013 executions of Edward Howard Schad Jr. and Robert Glen Jones Jr. There are questions about the safety and legality of the lethal injection drugs being used by states around the nation. The ADC, citing a state law that makes the identity of persons who perform ancillary functions in an execution confidential, denied the majority of the requested documents. In October 2013, the ACLU of Arizona filed a lawsuit in state court seeking to compel the ADC to release the records pertaining to the lethal injection drugs. State law is clear that records of official state business must be made available to the public. Prior to the executions, we moved for a temporary restraining order seeking the immediate release of the sought after public records. A concurrent case in federal court brought by the Federal Public Defender’s Office forced the ADC to release the name of the manufacturer of the drug, the expiration date of the drug, the lot number of the drug, and the National Drug Code of the drug. Subsequently, the court denied plaintiffs’ motion for a temporary restraining order. On March 23, 2015, the Superior Court held oral arguments on summary judgment motions. The court subsequently ordered defendants to submit the complete records to the court in camera so the court could determine if defendants properly withheld information. On February 3, 2016, the Superior Court found for Defendants. The ACLU filed a notice of appeal with the Arizona Court of Appeals and will file its opening brief on July 14, 2016.

Date filed

October 3, 2013


Superior Court of Arizona



Case number