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Case Name Hamilton v. Jones CJ-OK-0002
Docket / Court 5:06-cv-01193-F ( W.D. Okla. )
State/Territory Oklahoma
Case Type(s) Criminal Justice (Other)
Case Summary
On October 27, 2006, Corey Duane Hamilton, a death-sentenced inmate of the Oklahoma State Penitentiary in McAlester, Oklahoma, filed a lawsuit under 42 U.S.C. § 1983 against the Oklahoma Department of Corrections in the U.S. District Court for the Western District of Oklahoma. Hamilton complained ... read more >
On October 27, 2006, Corey Duane Hamilton, a death-sentenced inmate of the Oklahoma State Penitentiary in McAlester, Oklahoma, filed a lawsuit under 42 U.S.C. § 1983 against the Oklahoma Department of Corrections in the U.S. District Court for the Western District of Oklahoma. Hamilton complained to the Court that the specific lethal injection method used by the defendants would allow him to experience an unconstitutionally high level of pain. Specifically, he objected to the use of a short-acting anesthetic, which he claimed would wear off before the process was complete, leaving him in excrutiating pain from the injection of potassium chloride. He also complained that the use of a paralytic agent during the process would render him unable to alert the executioners that the anesthetic had worn off, trapping him in a paralyzed body, racked with pain, but unable to cry out. He asked the Court to enjoin the defendants from using this protocol and to declare that it was unconstitutional.

On December 28, 2006, the District Court (Judge Stephen P. Friot) denied Hamilton's request for an injunction, without writing an opinion as to why. Hamilton appealed this decision, and on January 4, 2007, the U.S. Court of Appeals for the Tenth Circuit (Judges Deanell Reece Tacha, Terrence L. O'Brien, and Timothy M. Tymkovich) affirmed the District Court's decision without writing an opinion. Hamilton asked for Supreme Court review, and on January 8, 2007, the U.S. Supreme Court denied the petition for certiorari.

On January 10, 2007, Corey Duane Hamilton was executed by lethal injection, and the next day, the District Court marked this case closed.

Kristen Sagar - 09/11/2007


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Issues and Causes of Action
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Issues
Death Penalty
Lethal Injection - General
Causes of Action 42 U.S.C. § 1983
Defendant(s) Oklahoma Department of Corrections
Plaintiff Description a death-sentenced inmate of the Oklahoma State Penitentiary in McAlester, Oklahoma
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Docket(s)
5:06-cv-01193-F (W.D. Okla.) 01/29/2007
CJ-OK-0002-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/27/2006
CJ-OK-0002-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Answer [to Complaint] 12/04/2006
CJ-OK-0002-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Preliminary Injunction 12/28/2006 (W.D. Okla.)
CJ-OK-0002-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Certiorari Denied (Supreme Court) 01/08/2007 (549 U.S. 1158)
CJ-OK-0002-0004 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Administrative Closing Order 01/10/2007 (W.D. Okla.)
CJ-OK-0002-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 01/29/2007 (472 F.3d 814)
CJ-OK-0002-0006 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Breyer, Stephen Gerald (SCOTUS, First Circuit)
CJ-OK-0002-0004
Friot, Stephen P. (W.D. Okla.)
CJ-OK-0002-0003 | CJ-OK-0002-0005 | CJ-OK-0002-9000
O'Brien, Terrence L. (Tenth Circuit)
CJ-OK-0002-0006
Souter, David Hackett (SCOTUS, First Circuit)
CJ-OK-0002-0004
Stevens, John Paul (SCOTUS, Seventh Circuit)
CJ-OK-0002-0004
Tacha, Deanell Reece (Tenth Circuit)
CJ-OK-0002-0006
Tymkovich, Timothy M. (Tenth Circuit)
CJ-OK-0002-0006
Monitors/Masters None on record
Plaintiff's Lawyers Nigh, Robert Jr. (Oklahoma)
CJ-OK-0002-0001 | CJ-OK-0002-9000
Defendant's Lawyers Mann, Richard Neal (Oklahoma)
CJ-OK-0002-0002 | CJ-OK-0002-9000
Metcalfe, Gregory T. (Oklahoma)
CJ-OK-0002-9000
Other Lawyers None on record

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