Case: Brown v. Crawford

4:05-cv-00746 | U.S. District Court for the Eastern District of Missouri

Filed Date: May 10, 2005

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On May 10, 2005, Vernon Brown, a death-sentenced inmate of the Eastern Missouri Reception, Diagnostic & Correctional Center in Francois County, Missouri, filed a lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Eastern District of Missouri. Brown asked the court to enjoin the defendants from using their intended lethal injection protocol in his execution, arguing that the three chemicals that they used would cause him great pain a…

On May 10, 2005, Vernon Brown, a death-sentenced inmate of the Eastern Missouri Reception, Diagnostic & Correctional Center in Francois County, Missouri, filed a lawsuit under 42 U.S.C. § 1983 against the Missouri Department of Corrections in the U.S. District Court for the Eastern District of Missouri. Brown asked the court to enjoin the defendants from using their intended lethal injection protocol in his execution, arguing that the three chemicals that they used would cause him great pain and suffering, violating his right to be free from cruel and unusual punishment. Specifically, Brown argued that the first chemical (sodium pentothal), which was intended to anesthetize him from pain, would wear off before the end of the execution, allowing him to feel the effects of the other drugs. Second, he argued that the second chemical (pancuronium bromide) would paralyze him, making it impossible for him to cry out from the pain or even to breathe. Finally, he argued that the third chemical (potassium chloride) would burn as it worked its way through his veins to his heart, causing excrutiating pain before killing him with a heart attack.

Three days after the complaint was filed, the District Court held a hearing to determine the merits of the case. At the hearing, the District Court (Judge Carol E. Jackson) refused to issue a temporary restraining order stopping the execution, holding that the plaintiff should have exhausted his administrative grievance procedures before bringing his lawsuit in the federal courts, and that the plaintiff had not presented any evidence to convince the court that he was likely to succeed on the merits of his case. The plaintiff asked the Court to reconsider this motion, arguing that the lack of evidence was due to the fact that all of the evidence was in the hands of the defendants, who would not share it with them. On May 17, 2005, the District Court (Judge Jackson) denied that motion.

The plaintiff asked the U.S. Court of Appeals for the Eighth Circuit to overturn the District Court's decision, and the next day the Eighth Circuit (Judges Kermit Edward Bye, Clarence Arlen Beam, and Pasco Middleton Bowman II) denied the motion and dismissed the appeal without writing an opinion as to why.

Vernon Brown was executed by lethal injection at 2:35 a.m. on May 18, 2005. Nine days later, the defendants informed the District Court that the plaintiff had been executed, and on November 22, 2005, the District Court (Judge Jackson) dismissed the lawsuit as moot because the plaintiff had died.

Summary Authors

Kristen Sagar (9/6/2007)

People


Judge(s)

Beam, Clarence Arlen (Nebraska)

Bowman, Pasco Middleton II (Missouri)

Bye, Kermit Edward (North Dakota)

Attorney for Plaintiff
Attorney for Defendant

Hassell, Andrew W. (Missouri)

Hawke, Stephen David (Missouri)

Judge(s)

Beam, Clarence Arlen (Nebraska)

Bowman, Pasco Middleton II (Missouri)

Bye, Kermit Edward (North Dakota)

Jackson, Carol E. (Missouri)

show all people

Documents in the Clearinghouse

Document

4:05-cv-00746

Docket (PACER)

Nov. 22, 2005

Nov. 22, 2005

Docket
2-2

4:05-cv-00746

Memorandum of Law in Support of Complaint

May 10, 2005

May 10, 2005

Pleading / Motion / Brief
2-1

4:05-cv-00746

Verified Complaint for Declaratory and Injunctive Relief

May 10, 2005

May 10, 2005

Complaint
10-1

4:05-cv-00746

Motion to Dismiss/Suggestions in Opposition to Motion for Temporary Restraining Order

May 13, 2005

May 13, 2005

Pleading / Motion / Brief
18

4:05-cv-00746

Transcript of the Temporary Restraining Order Hearing

May 13, 2005

May 13, 2005

Transcript
19

4:05-cv-00746

Memorandum in Support of Motion to Set Aside Oral Denial of Temporary Restraining Order

May 16, 2005

May 16, 2005

Pleading / Motion / Brief
24

4:05-cv-00746

Order [re: Temporary Restraining Order]

May 17, 2005

May 17, 2005

Order/Opinion
38

4:05-cv-00746

USCA Order

U.S. Court of Appeals for the Eighth Circuit

May 17, 2005

May 17, 2005

Order/Opinion

408 F.3d 408

35

4:05-cv-00746

Suggestion of Death Upon the Record

May 27, 2005

May 27, 2005

Pleading / Motion / Brief
40

4:05-cv-00746

Order [Granting Suggestion of Death Motion]

Nov. 22, 2005

Nov. 22, 2005

Order/Opinion

Docket

Last updated Feb. 22, 2024, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) by Plaintiff Vernon Brown. (Attachments: # 1 Memorandum in Support)(CDD, ) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

2

DCM COMPLAINT Jury Demand,, filed by Vernon Brown. (Attachments: # 1 Memorandum in Support# 2 Exhibit 1# 3 Exhibit 2# 4 Civil Cover Sheet # 5 Original Filing Form)(CDD, ) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

3

MOTION for Leave to File in Excess of Page Limitation for Memorandum in Support of TRO by Plaintiff Vernon Brown. (CDD, ) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

4

MOTION for Temporary Restraining Order by Plaintiff Vernon Brown. (Attachments: # 1 Memorandum in Support# 2 Proposed Order For TRO)(CDD, ) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

5

MOTION to Expedite Discovery by Plaintiff Vernon Brown. (Attachments: # 1 Memorandum in Support )(CDD, ) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

6

MOTION for Leave to Propound more than 25 Interrogatories by Plaintiff Vernon Brown. (Attachments: # 1 Memorandum in Support)(CDD, ) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

7

NOTICE by Plaintiff Vernon Brown Filing of Inmate Account Statement, with Statement Following Pleading, in Support of Motion for Leave to Proceed IFP: (Simon, John) (Entered: 05/10/2005)

May 10, 2005

May 10, 2005

8

ORDER: Re 4 MOTION for Temporary Restraining Order filed by Vernon Brown, Motion Hearing set for 5/13/2005 02:00 PM before Honorable Carol E. Jackson.. Signed by Judge Carol E. Jackson on 5/11/05. (LLW, ) (Entered: 05/11/2005)

May 11, 2005

May 11, 2005

9

ORDER granting 1 Motion for Leave to Proceed in forma pauperis under 42:1983 (prisoner)for Vernon Brown Initial Partial Filing Fee due by 6/13/2005 in the amount of $16.25; Clerk shall not issue process; failure to pay will result in dismissial w/o prejudice. Signed by Judge Carol E. Jackson on 5/12/05. (CQL, ) (Entered: 05/12/2005)

May 12, 2005

May 12, 2005

10

MOTION to Dismiss Case and Suggestions in Oppostion to motion for TRO by Defendants Does 1-666, Larry Crawford, James D. Purkett. (Attachments: # 1 Respondent's Exhibit A)(Hassell, Andrew) (Entered: 05/13/2005)

May 13, 2005

May 13, 2005

11

AMENDED DOCUMENT by Plaintiff Vernon Brown. Amendment by Interlineation by Leave of Court . (Simon, John) (Entered: 05/15/2005)

May 15, 2005

May 15, 2005

12

MEMORANDUM re 11 Amended Document Amendment by Interlineation by Leave of Court by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/15/2005)

May 15, 2005

May 15, 2005

13

NOTICE by Plaintiff Vernon Brown of Filing of Attachment J: (Attachments: # 1 Affidavit Attachment J Declaration of Michael Lenza, Ph.D.# 2 Exhibit Declaration Exhibit 1 Curriculum Vitae from January 2005)(Simon, John) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

14

NOTICE by Plaintiff Vernon Brown of Filing of Attachment K: (Attachments: # 1 Exhibit Attachment K Dissertation of Michael Lenza)(Simon, John) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

15

NOTICE by Plaintiff Vernon Brown of Filing of Attachments L Through O: (Attachments: # 1 Exhibit Attachment L Galliher Study# 2 # 3 # 4)(Simon, John) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

16

MOTION for Leave to File Memorandum in Support of Amendment by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

17

MEMORANDUM in Support of Motion re 16 MOTION for Leave to File Memorandum in Support of Amendment Raising New Claim and New Jurisdictional Predicate filed by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

19

MOTION to Set Aside Order/Judgment Denying Temporary Restraining Order to Keep Defendants from Burying the Evidence by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

20

MEMORANDUM in Support of Motion re 19 MOTION to Set Aside Order/Judgment Denying Temporary Restraining Order to Keep Defendants from Burying the Evidence filed by Plaintiff Vernon Brown. (Attachments: # 1)(Simon, John) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

21

Minute Entry for Motion for Temporary Restraining Order proceedings held before Judge Carol E. Jackson : the Court heard oral arguments from the parties; plntf's mtn for TRO is denied, in accordance with the ruling made on the record; In Court Hearing held on 5/16/2005. (Court Reporter or FTR Gold Operator initials:Gary Bond.) (proceedings started: 2:15.) (proceedings ended: 6:05.) (KKS, ) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

22

REPLY re 19 MOTION to Set Aside Order/Judgment Denying Temporary Restraining Order to Keep Defendants from Burying the Evidence filed by Defendants Does 1-666, Larry Crawford, James D. Purkett. (Hawke, Stephen) Modified on 5/17/2005 (LLW, ). (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

23

REPLY to Response to Motion re 19 MOTION to Set Aside Order/Judgment Denying Temporary Restraining Order to Keep Defendants from Burying the Evidence filed by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/16/2005)

May 16, 2005

May 16, 2005

24

ORDER denying 19 Motion to Set Aside Judgment of a temporary restraing order Signed by Judge Carol E. Jackson on 5/17/05. (CQL, ) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

25

MOTION for Leave to Appeal Denial of TRO & Motion to Set Aside In Forma Pauperis by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

26

MEMORANDUM in Support of Motion re 25 MOTION for Leave to Appeal Denial of TRO & Motion to Set Aside In Forma Pauperis filed by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

27

NOTICE by Plaintiff Vernon Brown of Appeal, In Forma Pauperis, Denial of TRO & of Motion to Set Aside Denial Thereof: (Simon, John) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

28

ORDER granting 25 Motion for Leave to Appeal Signed by Judge Carol E. Jackson on 5/17/05. (LLW,cc: email notification to Michael Gans, Clerk of the U.S. Court of Appeals) (Entered: 05/17/2005)

May 17, 2005

May 17, 2005

29

LETTER from USCA; re appellant's motion for stay of execution, the appeal has been docketed the matter is refered to a panel of judges for consideration USCA Appeal #: 05-2310(LLW, ) (Entered: 05/19/2005)

May 18, 2005

May 18, 2005

34

ORDER of USCA Regarding: Appellants Motion for a Stay of Execution USCA Appeal #: 05-2310 (LLW, ) (Entered: 05/26/2005)

May 18, 2005

May 18, 2005

30

MOTION to Appoint Counsel Nunc Pro Tunc by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

31

MEMORANDUM in Support of Motion re 30 MOTION to Appoint Counsel Nunc Pro Tunc filed by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/20/2005)

May 20, 2005

May 20, 2005

32

MOTION for Leave to Receive Compensation for Transcript from the Unappropriated Fund by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/25/2005)

May 25, 2005

May 25, 2005

33

MEMORANDUM in Support of Motion re 32 MOTION for Leave to Receive Compensation for Transcript from the Unappropriated Fund of $413 with Invoice Attached filed by Plaintiff Vernon Brown. (Simon, John) (Entered: 05/25/2005)

May 25, 2005

May 25, 2005

35

SUGGESTION of Death by Defendants Does 1-666, Larry Crawford, James D. Purkett. (Hawke, Stephen) Modified on 6/1/2005 (KLH, originally docketed as motion, motion terminated, text modified). (Entered: 05/27/2005)

May 27, 2005

May 27, 2005

36

ORDER granting 30 Motion to Appoint Counsel nunc pro tunc is granted, John Simon is appointed as counsel for pltf Signed by Judge Carol E. Jackson on 6/1/05. (LLW, ) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

37

ORDER granting 32 Motion for Leave to receive compensation for transcript, the sum of $413.60 shall be paid to pltf's counsel John Simon Signed by Judge Carol E. Jackson on 6/1/05. (LLW,cc: Finance) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

38

MANDATE/Opinion from USCA. Appeal #: 05-2310. The court has carefully considered the motion and the Appellees' response, and the motion is denied. It is further ordered that the appeal is dismissed. (with dissenting opinion)(KLH, ) (Entered: 06/15/2005)

June 14, 2005

June 14, 2005

39

Letter to John Simon from Financial Clerk Re:Check reimbursement (CQL, ) (Entered: 06/30/2005)

June 29, 2005

June 29, 2005

40

IT IS HEREBY ORDERED that respondents' motion suggestion of death 35 is granted. FURTHER ORDERED that the above-captioned action is dismissed as moot. Signed by Judge Carol E. Jackson on 11/22/05. (KLH, ) (Entered: 11/22/2005)

Nov. 22, 2005

Nov. 22, 2005

Case Details

State / Territory: Missouri

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 10, 2005

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

a death-sentenced inmate of the Eastern Missouri Reception, Diagnostic & Correctional Center in Bonne Terre, St. Francois County, Missouri

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Missouri Department of Corrections (Bonne Terre, St. Francois), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Death Penalty:

Lethal Injection - General