A federal judge in Houston has thrown out a lawsuit by two Death Row inmates who claim the state intends to execute them with compounded drugs of unknown potency and purity.
Thomas Whitaker, Perry Williams and Michael Yowell filed the suit Oct. 1 against prison officials and "unknown executioners."
Yowell was executed Oct. 9, but execution dates have not been set for Whitaker and Williams.
In their complaint, the prisoners stated that the Texas Department of Criminal Justice's supply of pentobarbital - the drug required by their execution protocol - expired at the end of September.
In anticipation of that, the department started acquiring other drugs as early as November 2012, the complaint states.
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