Aliza Cover, represented by the ACLU of Idaho, filed a lawsuit in February 2018 against the Idaho Board of Correction over its refusal to disclose public records regarding the lethal injection drugs it used in state executions as well as information about the origins, purity, sterility, stability and expiration of the drugs.
Cover originally sent a request to the Idaho Department of Correction (IDOC) in September 2017 to obtain information about the drugs used in Idaho two most recent executions, in addition to any records about efforts to obtain execution drugs for future executions. IDOC denied that request, refusing to provide information about the source and safety of the drugs.
Lethal injection is the only method of execution allowed under Idaho law. The public has a right to know the source of lethal injection drugs and the reputability and safety record of drugs’ suppliers.
A Fourth District Judge issued a Peremptory Writ of Mandate in May 2018 requiring the disclosure of any records for the use of lethal injection in the executions of Paul Ezra Rhoades and Richard Leavitt in 2011 and 2012, including paperwork about the source of the drugs used and communications with suppliers.