Arizona goes to court so it can continue to use midazolam in lethal injections

Midazolam was abandoned after the supply expired, but that was before it was discovered that Ohio has some

Published October 19, 2016 12:01PM (EDT)

              (AP/Ric Feld)
(AP/Ric Feld)

PHOENIX — A judge presiding over a lawsuit that protests the way Arizona carries out executions is scheduled to hear arguments over a sedative that was recently abandoned as one of the state's lethal injection drugs.

The state is seeking to dismiss the lawsuit's claim that midazolam can't ensure that condemned inmates won't feel the pain that's caused by another drug in a three-drug execution protocol.

The state announced nearly four months ago that it was eliminating its use of midazolam after its supply expired and another supplier couldn't be found.

The hearing on Wednesday was scheduled after the case's judge learned that Ohio now has a supply of midazolam.

Arizona has said the claim is moot because it won't use midazolam again.

By Jacques Billeaud

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