LINCOLN, Neb. — A federal judge has ruled against a German pharmaceutical company's motion to block lethal injection in Carey Dean Moore's scheduled execution.
The company, Fresenius Kabi, alleges state officials improperly obtained the company's drugs for the execution of Moore.
U.S. District Court Judge Richard Kopf said Friday afternoon that the drugs were purchased legally by a licensed U.S. medical distributor.
"I will not allow the plaintiff to disrupt Moore's execution by a last-minute lawsuit," Kopf said in his decision.
Kopf also said he denied a request by the plaintiff for the state to reveal invoices for the four drugs planned to be used that are in its possession.
The company argued that the drugs were sold to the state in 2015 by mistake, and the state refused to give them back when requested.
"Medical and pharmaceutical companies universally condemn using these drugs to execute somebody," the plaintiff said in their argument. "the defendant's own statement helps prove our case. They said 39 suppliers in six different states refused to sell them these drugs."
The defendant argued that the plaintiff had insufficient evidence and was against public interest.
The state has refused to name the supplier of the drugs, but did say in a court document that one of the four drugs has an expiration date of August 31.
The state also said NDCS Director Scott Frakes contacted at least 40 potential suppliers and six other states.
"There's simply no reputational harm if the state does not reveal the manufacturer of the drugs," the defendant said.
The company also argued that the execution that took place in Tennessee on Thursday night went poorly with reports of the inmate being executed "choking and gasping for air."
The state rebutted that the Nebraska protocol is different, so the argument was irrelevant.
Moore is scheduled to be executed Tuesday morning in Nebraska’s first execution since 1997 with a never-before-tried combination of drugs. He was sentenced for killing two Omaha cab drivers in 1979.
Fresenius Kabi said it will appeal the decision.
This is a developing story. We'll continue to update it as more information becomes available.