Drug companies have made it clear that they don't want states using their products to carry out death sentences. They've imposed strict limits on who can buy the drugs used for lethal injections, asked states to return some chemicals and, in one case, completely stopped making a drug to keep it out of the nation's death chambers.
The strategy has helped cut states off from many of the drugs they have used or sought to use for lethal injections, causing authorities to scramble to find new drug combinations or different execution methods. But it hasn't entirely stopped states from getting the drugs they seek, so some companies have started testing a new tactic: Filing lawsuits aimed at keeping their drugs away from executions.
In three suits filed since last year, drug manufacturers and distributors have taken aim at states on the verge of carrying out executions, accusing them of using deceit to obtain the chemicals and demanding states return them. Experts say the drug companies are turning to the courts as a last resort.
"The companies have found that you have to up the ante because a threat is simply not enough," said Deborah W. Denno, a law professor at Fordham University and a death penalty expert.
While the lawsuits have had mixed results, Denno said she expects more could follow as companies further try to distance themselves from capital punishment.
