A federal judge is allowing Nebraska to proceed with the state’s first-ever lethal injection despite a pharmaceutical company’s lawsuit that claims the state illicitly obtained its drugs.
U.S. District Judge Richard Kopf on Friday denied the German company’s request to temporarily block Nebraska prison officials from carrying out next week’s execution of Carey Dean Moore.
Moore is scheduled to be executed Tuesday morning in Nebraska’s first execution since 1997. The State Department of Correctons plans to use a never-before-tried combination of drugs. He was sentenced for killing two Omaha cab drivers in 1979.
The drug company, Fresenius Kabi, filed a lawsuit this week arguing that state officials improperly obtained at least one its drugs. State attorneys deny the allegation. The state also says one of its execution drugs is about to expire, and no one is willing to sell the state a replacement.