In September 2012, District Court Judge Jeffrey Sherlock ruled that Montana's lethal injection protocol is unconstitutional. That ruling was in response to a suit filed in March 2008 by the ACLU of Montana and co-operating attorneys, Ron Waterman and Julie Johnson from Gough, Shanahan, Johnson and Waterman in Helena, and, Greg Jackson of Helena, on behalf of Ronald Allen Smith, challenging the lethal injection procedure in Montana. The petition asserted that the lethal injection procedure used to execute people in Montana is unconstitutional as a violation of cruel and unusual punishment, the right of human dignity and a violation of the Montana constitutional provision on right to know public documents and proceedings. In April 2009, the ACLU of Montana and Ron Waterman, Julie Johnson and Greg Jackson followed up with motion for partial summary judgement calling for the selection criteria and qualifications of executioners be made public under the state's right to know provision so that the public can be informed about whether executioners are qualified to perform the complicated three-step lethal injection procedure.
Legal documents
District Court Order ruling Montana's lethal injection protocol unconstitutional
Motion for Summary Judgment - May 2012
- Exhibit 1 Order prohibiting importation of thiopental into the U.S.
- Exhibit 2 American Veterinary Medical Association Guidelines on Euthanasia
- Exhibit 3 Arizona execution protocol
- Exhibit 4 Idaho execution protocol
Complaint
Answer
Motion for Partial Summary Judgment on executioners' qualifications
Montana Supreme Court Order upholding stay of execution
Attorneys:
Jon Ellingson
Ron Waterman and Julie Johnson, Gough, Shanahan, Johnson and Waterman, Helena.
Greg Jackson, Helena
Anna Conley
Press Releases
Montana's Execution Protocol Ruled Unconstitutional
ACLU Calls on Montana District Court to Rule State Execution Protocol Unconstitutional - 7/30/2012
State's New Execution Protocol Fails to Resolve Issues: Policy does not require sufficient training to ensure prisoner won't suffer - 8/17/2011
Lawsuit Seeks Disclosure of Executioner Qualifications - 4/2/2009