Drug Maker Tries to Stop Nevada Execution

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A drug manufacturer filed suit in an effort to stop Wednesday’s execution of convicted Nevada murderer Scott Dozier, the Las Vegas Review-Journal reports. Alvogen Inc., which manufactures the sedative midazolam, filed a complaint for “return of illegally obtained property” in Clark County District Court. The state acquired that drug despite a clear and unambiguous prior warning from Alvogen they could not acquire it directly from Alvogen and could likewise not legitimately acquire it through a third-party distributor,” the suit charges.

The execution by lethal injection is set for 8 p.m. Wednesday at Ely State Prison. “Midazolam is not approved for use in such an application,” the suit says. “Past attempts by other states to use the medicine in lethal injections have been extremely controversial, and have led to widespread concern that prisoners have been exposed to cruel and unusual treatment. Several attempts have been characterized by media as ‘botched’ executions.” Named as defendants in the lawsuit are the state of Nevada; the Nevada Department of Corrections, its director and medical examiner; and the execution’s attending physician, who has not been identified. Dozier was convicted of a 2002 murder. In 2016, he asked a judge to be put to death.

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