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FIERRO v. GOMEZ

No. C-92-1482 MHP.

790 F.Supp. 966 (1992)

David FIERRO, et al., Plaintiffs, v. James GOMEZ, et al., Defendants.

United States District Court, N.D. California.

April 18, 1992.

Attorney(s) appearing for the Case

Michael Laurence and Matthew A. Coles, American Civ. Liberties Union Foundation of Northern California, Inc., San Francisco, Cal., for plaintiffs.

Daniel E. Lungren, Atty. Gen. of the State of Cal., George Williamson, Chief Asst. Atty. Gen., Dane R. Gillette [Atty. of Record], Ronald S. Matthias, Karl S. Mayer, Paul D. Gifford, and Peter J. Siggins, Deputy Attys. Gen., San Francisco, Cal., for defendants.

MEMORANDUM AND ORDER

PATEL, District Judge.

The asserted plaintiff class consists of California state prisoners sentenced to death. They challenge the method of their future executions, asserting that death by lethal gas violates the Eighth Amendment's prohibition against cruel and unusual punishment. Plaintiffs seek a temporary restraining order ("TRO") preventing the executions of members of the plaintiff class by administration of lethal gas, the legally...

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