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Monday, April 24, 2017, 6:06 p.m.

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Medical supplier again seeks to prevent drug from being used in executions; AG wants to move case

By ArkansasOnline Staff Reports

This article was originally published April 18, 2017 at 2:36 p.m. Updated April 18, 2017 at 4:58 p.m.

4:45 P.M. UPDATE:

Arkansas Attorney General Leslie Rutledge has requested that the case involving a complaint filed by a medical supplier of drugs used in executions be moved outside of Pulaski County.

The motion, filed Tuesday in Pulaski County Circuit Court, requests that Virginia-based McKesson Medical-Surgical Inc.'s case be transferred to Faulkner County Circuit Court.

Rutledge argued in the filing that the change of venue would be appropriate given that "no plaintiff in this case is a citizen of the state of Arkansas ... and this action was commenced against the state and officers of the state in their official capacity."

McKesson's complaint stems from its belief that the state failed to disclose the vecuronium bromide it purchased as part of a three drug protocol in lethal injections.

Read Wednesday's Arkansas Democrat-Gazette for full details.

— Brandon Riddle

EARLIER STORY:

A medical supplier is again seeking to prevent Arkansas from using its drugs in executions.

McKesson Medical-Surgical Inc. on Tuesday filed a complaint in Pulaski County Circuit Court seeking a temporary restraining order or injunction "to prevent the use of our product for something other than a legitimate medical purpose," it said in a statement.

[📄 DOCUMENT: Click here to read the full complaint filed Tuesday by McKesson]

McKesson contends that the state failed to disclose the vecuronium bromide it purchased would be used in its three-drug lethal injection protocol. The company "is committed to ensuring that its property is only used in a manner consistent with our supplier agreement," the statement noted.

The new complaint mirrors one filed last week that Friday resulted in Pulaski County Circuit Judge Wendell Griffen issuing a stay of all executions Arkansas scheduled through the end of the month.

The Arkansas Supreme Court, however, vacated that stay and also removed Griffen from all cases tied to the death penalty after Griffen participated in a protest against capital punishment outside the Arkansas governor's mnsion.

The case was assigned to Pulaski County Circuit Judge Alice Gray.

The next two executions in Arkansas are scheduled Thursday with three others set for next week.

— Arkansas Online

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Comments on: Medical supplier again seeks to prevent drug from being used in executions; AG wants to move case

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Displaying 1 - 3 of 3 total comments

RBear says... April 18, 2017 at 3:49 p.m.

And they have every right to file this motion. If it was acquired under false pretenses, then they can mount a legal challenge when the intent is to take a life. I understand the victims want closer. They need a state that is capable of helping them bring closure that doesn't look like a bunch of bumbling idiots to make it happen. Most of the problems with these executions are caused by the state and were entirely avoidable.

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NutButter says... April 18, 2017 at 5:55 p.m.

RBear, I agree.

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RBBrittain says... April 18, 2017 at 11:54 p.m.

Why a change of venue to Faulkner County, of all places? The only appropriate venues are Pulaski County (seat of government) or Jefferson County (ADC HQ, also supposedly where the drugs were delivered). You got Wendell Griffen off the case, AG Rutledge; why blow it with an unexplainable change of venue request?

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