Robinson v. Shanahan

HUNTER, Robert G, Judge.

Marcus Robinson, James Edward Thomas, Archie Lee Billings, and James A. Campbell (collectively “plaintiffs”) appeal from an order granting summary judgment in favor of defendants on plaintiffs’ challenge to North Carolina’s previously used three-drug protocol for the administration of lethal injections (“the 2007 Protocol”). During the pendency of this appeal, the 2007 Protocol was replaced by the “Execution Procedure Manual for Single Drug Protocol (Pentobarbital)” (“the new Manual”) after a statutory amendment vested the Secretary of the North Carolina Department of…