Stephen Michael West v. Derrick D. Schofield

468 S.W.3d 482, 2015 Tenn. LEXIS 548
Tennessee Supreme Court·Decided July 2, 2015·No. M2014-02478-SC-R10-CV·Published·Cited by 31 cases

Opinion

OPINION

CORNELIA A. CLARK, J.,

delivered the opinion of the Court,

in which SHARON G. LEE, C.J., and GARY R. WADE, JEFFREY S. BIVINS, and HOLLY KIRBY, JJ., joined.

We granted this extraordinary appeal to determine whether, in this declaratory judgment action, the death-sentenced inmates’ claims challenging the constitutionality of a 2014 statute that designated electrocution as an alternative method of execution and the constitutionality of electrocution as a means of execution should be dismissed as unripe. Because the death-sentenced inmates are not currently subject to execution by electrocution and will not ever become subject to execution by electrocution unless one of two statutory contingencies occurs in the future, their claims challenging the constitutionality of *485 the 2014 statute and electrocution as a means of execution are not ripe. Accordingly, we reverse the trial court’s decision denying the defendants’ motion to dismiss, dismiss the death-sentenced inmates’ electrocution claims as unripe, and remand this matter to the trial court for further proceedings consistent with this decision.

I. Factual and Procedural History

Lethal injection has been the default method of execution in Tennessee since March 30, 2000. 1 However, on September 27, 2013, the Tennessee Department of Correction (“TDOC”) replaced its three-drug protocol for lethal injection with a new protocol that provides for lethal injection executions to be carried out by use of a single drug — pentobarbital. On November 20, 2013, Stephen Michael West and four other death-sentenced inmates (“Inmates”) 2 filed a declaratory judgment action in the Chancery Court for Davidson County against the Commissioner of TDOC and other TDOC officials (collectively “Defendants”). 3 The Inmates challenged the constitutionality and legality of the newly adopted single-drug lethal injection protocol. 4 The Defendants filed an answer on December 13, 2013. 5

While the Inmates’ declaratory judgment action was proceeding in the Chan- *486 eery Court, the General Assembly enacted the Capital Punishment Enforcement Act (“CPEA”), which became effective on July 1, 2014. Act of May 22, 2014, ch. 1014, 2014 Tenn. Pub. Act 1726. The- CPEA, codified as a new subsection of an existing statute, provides as follows:

(e) For any person who commits an offense or has committed an offense for which the person is sentenced to the punishment of death, the method of carrying out the sentence shall be by lethal injection unless subdivision (e)(1) or (e)(2) is applicable. If subdivision (e)(1) or (e)(2) is applicable, the method of carrying out the sentence shall be by electrocution. The alternative method of execution shall be used if:
(1) Lethal injection is held to be unconstitutional by a court of competent jurisdiction in the manner described in subsection (d); 6 or
(2) The commissioner of correction certifies to the governor that one (1) or more of the ingredients essential to carrying out a sentence of death by lethal injection is unavailable through no fault of the department.

Tenn.Code Ann. § 40-23-114(e) (Supp. 2014) (footnote added).

Oh August 22, 2014, after passage of the CPEA, the Inmates sought the Chancery Court’s permission to file an amended complaint that included an array of challenges to the constitutionality of electrocution as a method of execution and to the CPEA. The Defendants opposed the request, but the Chancery Court granted the Inmates’ request, and the amended complaint was filed on September 18, 2014. Attached to the amended complaint were TDOC’s lethal injection protocol, as amended on September 27, 2013, and its electrocution protocol, as amended on June 26, 2014.

One portion of the amended complaint, consisting of more than thirty pages, is entitled “Electrocution Causes of Action.” It contains more than 100 allegations and culminates in seven counts. The first four counts allege- that electrocution: (1) violates article I, sections 8, 16, and 32 of the Tennessee Constitution and the Eighth and Fourteenth Amendments to the United States Constitution; (2) violates the state and federal constitutions by burning, mutilating, distorting, and disfiguring the death-sentenced inmate; (3) violates evolving standards of decency under the state and federal constitutions; and (4) violates the dignity of man in violation of the state and federal constitutions. The remaining three counts allege that the CPEA, specifically Tennessee Code Annotated section *487 40-23-114(e): (1) violates article I, section 8 of the Tennessee Constitution by its retrospective application; (2) violates the separation of powers provision in article II, sections 1 and 2 of the Tennessee Constitution; and (3) is void for vagueness because it does not define the statutory terms “essential,” “ingredients,” and “unavailable” and does not provide any procedural guidelines regarding the manner by which the Commissioner is to certify to the Governor that the “ingredients essential” to carrying out an execution by lethal injection are “unavailable.”

On October 14, 2014, the Defendants filed an answer to the portion of the amended complaint challenging lethal injection and a motion to dismiss the portion of the complaint entitled “Electrocution Causes of Action.” See Tenn. R. Civ. P. 12.02(1), (6). The Defendants raised several grounds in support of their motion to dismiss, including, as pertinent to this appeal, the assertion that “the electrocution claims are not ripe.” 7 In a memorandum of law submitted in support of their motion, the Defendants argued that the electrocution claims were not ripe because the Inmates are not currently subject to execution by electrocution and will never be subject to electrocution as a means of execution unless one of the two contingencies of Tennessee Code Annotated section 4023-114(e) actually occurs. The Defendants alleged that the Inmates were impermissibly seeking a declaratory judgment “based on a hypothetical future application of the method of electrocution to their sentences.”

On November 17, 2014, the Inmates filed a response 8 in opposition to the motion to dismiss. The Inmates asserted that passage of the CPEA subjected them to a “credible threat” of execution by electrocution, which was sufficient to establish that their Electrocution Causes of Action are ripe. 9 The Inmates also relied upon the following language contained in the Chancellor’s order granting them permission to file the amended complaint:

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Stephen Michael West v. Derrick D. Schofield, 468 S.W.3d 482, 2015 Tenn. LEXIS 548 (Tenn. 2015).

468 S.W.3d 482 (Stephen Michael West v. Derrick D. Schofield) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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