Case 4:18-mc-01546 Document 12-4 Filed in TXSD on 06/25/18 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT TEXAS
HOUSTON DIVISION
JASON MCGEHEE, et al.,
Plaintiffs,
v.
TEXAS DEPARTMENT OF
CRIMINAL JUSTICE,
Defendant.

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Case No. 4:18-mc-01546
Related to E.D. Ark. Case
No. 4:17-CV-00179-KGB

TEXAS DEPARTMENT OF CRIMINAL JUSTICE’S DISPOSITIVE MOTION TO
DISMISS PLAINTIFFS’ MOTION TO COMPEL COMPLIANCE WITH SUBPOENA

EXHIBIT 4
Declaration of Pharmacy X

 Case Document 12-4 Filed in TXSD on 06/25/18 Page 2 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION
Jason McGehee, Stacey Johnson, 
Bruce Ward, Terrick Nooner, and 
Don Davis, 
Plaintiffs, Cause No. 04:18m001546

v. 

Texas Department of Criminal Justice, 

Defendant.

DECLARATION OF PHARMACY 
I, Pharmacy X, declare as follows:

1. I, Pharmacy X, am over the age of 21 and competent to testify in this matter. I have
personal knowledge of the facts contained in this declaration.

2. Pharmacy is a licensed pharmacy located in Texas.

3. Pharmacy has supplied lethal injection chemicals to the Texas Department of
Criminal Justice for use in executions of death row inmates.

4. Pharmacy X?s decision to supply the Texas Department of Criminal Justice with
lethal injection chemicals was and is contingent on Pharmacy X?s identity remaining secret. If
Pharmacy X?s identity is disclosed or revealed, Pharmacy will no longer conduct business with
the Texas Department of Criminal Justice.

5. Pharmacy did not and will not supply lethal injection chemicals to any state other
than Texas under any circumstances.

6. Pharmacy reasonably fears that if its identity is disclosed or revealed, anti-death
penalty advocates will harass and retaliate against Pharmacy X, resulting in physical and ?nancial

harm to Pharmacy X, its owner(s), and its employees.

Case Document 12-4 Filed in TXSD on 06/25/18 Page 3 of 3

7. Pharmacy X?s fears are based, in part, on documentary evidence of threats,
harassment, and boycotts to which other suppliers of lethal injection drugs have been subjected as
a result of their lawful decision to supply state correctional departments with drugs needed to carry
out executions.

8. I declare under penalty of perjury that the foregoing is true and correct. Executed

on June 22, 2018.

Plat/W a?

Pharmacy