Appeals court rejects suit over Missouri execution protocol

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A lethal injection room at an unidentified prison. (File photo)

ST. LOUIS (AP) – A state appeals court has rejected a lawsuit challenging how Missouri obtains the lethal drug used in executions.

The Western District of the Missouri Court of Appeals on Tuesday upheld a lower court’s decision to dismiss the case. The suit claims the state violates state and federal law by using an illegal prescription to obtain pentobarbital from a compounding pharmacy.

Justin Gelfand, the attorney for the plaintiffs, called the ruling disappointing. He stopped short of saying an appeal would be filed but said all options are being considered.

The suit was filed on behalf of four taxpayers — former lawmakers Joan Bray and Jeanette Oxford, Baptist minister Elston McCowan and Mary Ann McGivern, a member of the Sisters of Loretto.