082978P.pdf   02/08/2010  Terrick Nooner  v.  Larry Norris
   U.S. Court of Appeals Case No:  08-2978
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Gruender, Author, with Melloy and Benton, Circuit Judges]
   Death Penalty - civil rights. In challenge to the Arkansas protocol for
   execution by lethal injection, district court did not abuse its discretion 
   in finding the case ripe for summary judgment. Grant of summary judgment
   that legal injection protocol does not subject inmates to a substantial risk
   of serious harm is affirmed. Arkansas protocol contains sufficient
   safeguards to ensure inmate is fully unconscious before pancuronium
   bromide and potassium chloride are administered. and any risk that the
   procedure will not work as designated is merely a risk of accident. 
   Newspaper article reporting that intracardiac infusion could be used if
   necessary is inadmissible hearsay. Protocol requires placement of central
   venous lines by qualified personnel. Authorization to use "cut-down"
   procedure does not raise risk of serious harm. IV team qualification
   requirements under Arkansas protocol are substantially similar to
   requirements of the Kentucky protocol upheld in Baze. Monitoring
   infusion site is required under the protocol. Contingency plan in
   directing use of secondary IV site did not subject inmate to substantial
   risk of serious harm. Photographs of execution chamber did not show
   facility subjected inmate to substantial risk. Thus, the protocol does not
   violate the Eighth Amendment.