Glossip v. Gross Case Brief Summary | Law Case Explained

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Glossip v. Gross | 135 S. Ct. 2726 (2015)
The Supreme Court has consistently ruled that capital punishment doesn’t violate the Eighth Amendment’s prohibition against cruel and unusual punishment. However, imposing the death penalty on a particular individual may be unconstitutional in some circumstances. In Glossip versus Gross, the Court established a two-prong test to determine whether a particular method of execution violates the Eighth Amendment.
Richard Glossip and a group of other Oklahoma death-row inmates sued Kevin Gross, who was the board of corrections chairman, and other state officials. The inmates alleged that Oklahoma’s lethal injection protocol violated the Eighth Amendment by utilizing the drug midazolam, which presented an unacceptable risk of severe pain. Glossip and three other inmates moved for a preliminary injunction to prevent the state from moving forward with their executions.
The district court denied the motion. The court held that the inmates provided insufficient evidence that midazolam created a substantial risk of severe pain and failed to identify a reasonable alternative. The Tenth Circuit affirmed, and the Supreme Court granted cert.
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