Nebraska AG’s office argues judge should dismiss lawsuit seeking release of information death penalty drugs

Photos taken in October of the packaging of Nebraska’s lethal injection drugs constitute attorney work product and should not be released to the public, an attorney for the state’s prison system has argued.

In briefs filed in three lawsuits, Assistant Nebraska Attorney General Ryan Post said the Nebraska Department of Correctional Services denied public records requests seeking purchase orders and chemical analysis reports of the drugs because they directly identified an execution team member.

By law, that disclosure isn’t allowed.

But Post went further, arguing the judge also shouldn’t direct Corrections to release any information that could lead to the drug supplier being identified — including photos of the vials taken Oct. 23 — because it is just “one step removed” from identifying someone on the execution team. Read more…