Middleton v. Missouri Department of Corrections

MARY R. RUSSELL, Judge.

Seventeen inmates who have been sentenced to death and other interested parties (“Appellants”) challenge the Missouri Department of Corrections’ (“DOC”) adoption of a lethal injection protocol. Appellants allege that DOC violated the Missouri Administrative Procedure Act (“MAPA”) section 536.021, RSMo Supp. 2007,1 in that DOC did not undertake notice and public comment rulemaking when formulating the protocol. They allege this renders it void. The circuit court dismissed the action, finding that the protocol was not a rule.

This Court has jurisdiction pursuant to article…