Oken v. Sizer.

• Position: Prisoner alleges corrections department of pending execution - Brief Article

U.S. District Court

DEATH PENALTY

Oken v. Sizer, 321 F.Supp.2d 658 (D.Md. 2004). A condemned prisoner brought a [section] 1983 action against a state corrections department, challenging the manner of his pending execution. The prisoner was granted a stay of execution. The district court held that the state's failure to timely produce the execution protocol violated due process, and the balance of hardships favored a stay of execution. The prisoner alleged that...