In 2013, Colorado was preparing for its first execution since 1997. The ACLU invoked the Colorado open records laws to seek disclosure of Colorado’s detailed execution protocol as well as information about the state’s efforts to obtain the drug or drugs that will be used and the companies that may be supplying the drugs. When the Colorado Department of Corrections (CDOC) denied the records request, the ACLU filed suit seeking disclosure. The lawsuit argues that by refusing to disclose records that will allow the public to learn the details of the execution procedure and other requested documents, CDOC infringes, without adequate justification, on the public’s legitimate right to information about how its government operates with regard to one of its most grave and serious undertakings. The court ordered the disclosure of a redacted version of the execution protocol.
ACLU news releases:
- "ACLU lawsuit seeks disclosure of execution drugs & procedures," ACLU News Release, May 21, 2013
- "Prison officials must disclose Colorado lethal injection protocol," ACLU News Release, August 2, 2013
Media:
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“ACLU suit: Public is entitled to know how Nathan Dunlap will be killed,” The Denver Post, May 21, 2013
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“ACLU Sues Over Colorado Execution Information,” CBS News, May 21, 2013
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“Nathan Dunlap Death Penalty Case: ACLU Files Lawsuit To Reveal Execution Protocols,” HuffPost, May 21, 2013
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“ACLU wants info on lethal drugs for Dunlap,” Aurora Sentinel, May 23, 2013
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“Colorado law mandates which drugs be used for lethal injection. So what happens when they are no longer made?,” The Colorado Sun, March 5, 2019
ACLU case number
2013-07
