Case: Robinson v. Beck

07 CVS 001109 | North Carolina state trial court

Filed Date: Jan. 18, 2007

Closed Date: Aug. 9, 2007

Clearinghouse coding complete

Case Summary

On January 18, 2007, the North Carolina Medical Board (NCMB) issued a Position Statement to express their views regarding the participation of North Carolina's licensed physicians in executions. NCMB stated their belief that any physician participation in capital punishment was a violation of medical ethics. However, because NCMB recognized that North Carolina law (specifically N.C. Gen. Stat. § 15-190) required the presence of "the surgeon or physician of the penitentiary" during the execution…

On January 18, 2007, the North Carolina Medical Board (NCMB) issued a Position Statement to express their views regarding the participation of North Carolina's licensed physicians in executions. NCMB stated their belief that any physician participation in capital punishment was a violation of medical ethics. However, because NCMB recognized that North Carolina law (specifically N.C. Gen. Stat. § 15-190) required the presence of "the surgeon or physician of the penitentiary" during the execution of condemned inmates, they would not discipline licensees for "merely being present during an execution" in conformity with the statute. The NCMB then stated, however, that "any physician who engages in any verbal or physical activity, beyond the requirements" of the state law, and any physician that "facilitates the execution" would be "subject to disciplinary action." The Statement specifies that forbidden physician participation would include prescribing or administering tranquilizers and other psychotropic agents and medications, monitoring vital signs in any way, attending or observing the execution as a physician, rendering of technical advice regarding the execution, selecting injection sites, starting intravenous lines as a port for a lethal injection device, prescribing, preparing, administering, or supervising injection drugs or their doses or types, inspecting, testing, or maintaining lethal injection devices, and consulting with or supervising lethal injection personnel.

One week later, two death-sentenced prisoners filed this lawsuit under state law against the State of North Carolina in the Wake County Superior Court. The prisoners contended that the absence of a physician's participation in their execution would subject them to an unconstitutionally high risk of pain and suffering, which would violate their right to be free from cruel and unusual punishment.

The court held a hearing, wherein the State announced they had elected to comply with the Medical Board's decision and no longer have physician participation in the execution process. They stated that they intended to have a physician present, but that the physician would not supervise or participate in any way, and they argued that the Warden could carry out a fully constitutional execution through the use of a staff of trained medical personnel that does not include a physician.

After the hearing, the court issued a preliminary injunction preventing the State from conducting any execution until the Governor and other top executive-branch officials had determined whether a physician was required to participate in the execution process.

The North Carolina Department of Correction then sought the approval of its proposed Execution Protocol by the Council of State. However, in an order issued on August 9, 2007, Administrative Law Judge Fred Morrison ordered the Council of the State to reconsider its approval of the Execution Protocol.

Summary Authors

Kristen Sagar (9/10/2007)

Anna Dimon (4/23/2015)

Related Cases

North Carolina Department of Correction v. North Carolina Medical Board, North Carolina state trial court (2007)

People


Judge(s)

Morrison, Fred G. Jr (North Carolina)

Stephens, Donald W. (North Carolina)

Judge(s)

Morrison, Fred G. Jr (North Carolina)

Stephens, Donald W. (North Carolina)

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Documents in the Clearinghouse

Document

07 CVS 001109

Capital Punishment- North Carolina Medical Board Position Statement

Robinson v. Beck

No Court

Jan. 18, 2007

Jan. 18, 2007

Press Release

07 CVS 001109

Order Allowing Preliminary Injunction

Robinson v. Beck

Jan. 25, 2007

Jan. 25, 2007

Order/Opinion

07 CVS 001109

Decision

Robinson v Beck

No Court

Aug. 9, 2007

Aug. 9, 2007

Order/Opinion

Docket

Last updated Aug. 30, 2023, 2:31 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: North Carolina

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Jan. 18, 2007

Closing Date: Aug. 9, 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two death-sentenced prisoners of the State of North Carolina.

Attorney Organizations:

ACLU National Prison Project

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Carolina Department of Corrections (Wake), State

Case Details

Causes of Action:

State law

Available Documents:

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Death Penalty:

Lethal Injection - General