On November 15, 2016, two condemned inmates and the ACLU of Northern California sued the California Department of Corrections and Rehabilitation (CDCR). The plaintiffs, represented by ACLU lawyers and private counsel, brought this case under California Code Civil Procedure § 527A for a writ of mandate along with declaratory and injunctive relief. The plaintiff alleged that the California Penal Code § 3604 violated the Separation of Powers Clause in Article III of the California Constitution by allowing an agency (the CDCR) to make controversial policy decisions about lethal injection protocols. The plaintiffs further alleged that the defendants were illegally expending public funds by performing their duties in violation of the statute. The plaintiffs asked the court to prohibit CDCR from implementing any execution protocol until the statute addressed the separation of powers policy issues. They also sought attorney's fees pursuant to California Code Civil Procedure 1021.5.

The plaintiffs' ultimate goal was to obtain a declaration that Penal Code § 3604 removed difficult and fundamental policy decisions from the political and legislative process with the result that some of these issues have not been consciously evaluated. One of the largest problems cited in the complaint was that the CDCR's new lethal injection protocol reflected the agency's prioritization of convenience over competing policy goals and also haphazard decision making on policy issues.

As of March 11, 2017, the case is still ongoing.

Abigail DeHart - 03/11/2017


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