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DOC: Indiana lethal injection drugs long expired

Marilyn Odendahl
The Indiana Lawyer
August 4, 2021

A lawsuit that sought information about the drugs Indiana plans to use in lethal injections and that motivated the Legislature to use a late-night session to keep the veil of secrecy intact has come to a close, with the state paying more than $800,000 in legal fees and disclosing that its supply of lethal injection drugs has long been expired.

The case, Toomey v. Indiana Department of Correction, 49C01-1501-PL-3142, was filed by A. Katherine Toomey, partner at Lewis Baach Kaufmann Middlemiss in Washington, D.C., in January 2015 in Marion Circuit Court. Toomey wanted details about Indiana’s lethal injection drugs, including what drugs were in supply, the inventory logs, purchase orders and receipts for any drugs bought since Jan. 1, 2012, and documents about the manufacturers of the drugs.

A. Katherine Toomey was represented in the case by Jeffrey Robinson.

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