ELECTRONICALLY FILED
Pulaski County Circuit Court
Larry Crane, Circuit/County Clerk

IN THE CIRCUIT COURT OF PULASKI COUNry, ARKANSAS
FIFTH DIVISION

2015-Oct-09 13:55:29
60CV-15-2921
C06D05 : 3 Pages

PLAINTIFFS

STACEY JOHNSON,
JASON MCGEHEE,
BRUCE WARD,
TERRICK NOONER,
JACK JONES,
MARCEL WILLIAMS,
KENNETH WILLIAMS,
DON DAVIS &
LEDELL LEE

60cv-15-2921

v.

WENDY KELLEY, in her official capacity as
Director, Arkansas Department of
Correction, and
ARKANSAS DEPARTMENT OF
CORRECTION

DEFENDANTS

TEMPORARY RESTRAINING ORDER

This Order operates to stay Plaintiffis' executions pending a preliminary

injunction hearing.
Plaintiffs are prisoners on death row in the Arkansas Department of Corrections
(hereinafter

'ADC).

Plaintiffs' execution dates, set by the Governor of Arkansas, are as

follows:
Name
Lee,
Davis,
Ward,
Johnson,
Nooner,
Jones,
Williams,

Ledell
Don
Bruce
Stacey
Terrick
Jack
Marcell
Williams,Kenneth
McGehee, Jason

Date of Execution
unknown
10121115
10121115
11103115
11103115
12114115
12114115

01114116
01114116

 Plaintiffs brought this action on June 29, 2015 (Amended Complaint filed on

September 28,2015). Plaintiffs seek equitable relief against Defendants, challenging,
as unconstitutional, Arkansas Act 1096 of 2015 (hereinafter the "Method of Execution
Statute"). Plaintiffs also challenge the lethal injection protocol adopted by the ADC
pursuant to the Method of Execution Statute. Defendants filed a Motion to Dismiss on
October 5,2015.
Plaintiffs argue that the Method of Execution Statute and the ADC's execution
protocol are unconstitutional, and violate (a) Art. ll, S 17 of the Arkansas Constitution,
(the contracts clause); (b) Art. ll, $ 6 of the Arkansas Constitution, (liberty of the press
and of speech); (c) Art. ll, $ 9 of the Arkansas Constitution, (procedural violation of ban
on cruel or unusual punishment); (d) Art. ll, $ 8 of the Arkansas Constitution, (due
process); (e) Art. lV of the Arkansas Constitution, (separation of powers); (f) Art. ll $ 9 of
the Arkansas Constitution, (substantive violation of ban on cruel or unusual
punishment); (g) Art. ll, $ 17 of the Arkansas Constitution, (ex post facto laws); and (h)
Art. XlX, $ 12 of the Arkansas Constitution, (receipts and expenditures to be published).
Plaintiffs seek a permanent injunction forbidding the ADC from executing them under

the Method of Execution Statute and its current lethal injection procedure.
On October 9, 2015, the Court granted in part, denied in part Defendants' Motion

to Dismiss. The Court herby finds that immediate and irreparable injury will result to
Plaintiffs absent a temporary restraining order enjoining Defendants from executing
Plaintiffs as scheduled, Plaintiffs Don Davis and Bruce Ward are set to be executed as
early as October 21 ,2015,less than two weeks from this date. The other Plaintiffs are
set to be executed in the following weeks. This action is Plaintiffs'only legal remedy by

 which they can challenge the Method of Execution Statute and execution protocol that

will effectuate their deaths. Proceeding with Plaintiffs' executions as scheduled, without
allowing pariies adequate time to conduct discovery, respond to all outstanding claims

and motions, and proceed to a trial on the merits on Plaintiffs' challenges to the Method
of Execution Statute and the ADC's execution protocol, will rob Plaintiffs of an
opportunity to litigate their rights under the Arkansas Constitution.
For reasons stated herein, Plaintiffs' executions are stayed pending a preliminary
injunction hearing. This restraining order is binding upon Wendy Kelley, in her official
capacity as Director of the ADC, the ADC, as well as Defendants' officers, agents,
assigns, servants, employees, attorneys and any other persons who are in active
concert or participation with Defendants and Defendants' officers, agents, servants,
employees and attorneys. Disobedience of this restraining order will be punished by the
Court as contempt.

oRDERED rHB

ql

dayof october, 2015