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Document Under Seal, Bucklew V No. 17-8151 IN THE Supreme Court of the United States ___________ RUSSELL BUCKLEW, Petitioner, v. ANNE PRECYTHE, et al., Respondents. ___________ On Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit ___________ PUBLIC JOINT APPENDIX—VOLUME I OF II ___________ ROBERT N. HOCHMAN * D. JOHN SAUER * RAECHEL J. BIMMERLE JOSHUA M. DIVINE LAWRENCE P. FOGEL JULIE MARIE BLAKE STEVEN J. HOROWITZ PETER T. REED KELLY J. HUGGINS MICHAEL JOSEPH SPILLANE SUZANNE NOTTON OFFICE OF THE ATTORNEY MATTHEW J. SALDAÑA GENERAL HEATHER B. SULTANIAN Supreme Court Building SIDLEY AUSTIN LLP 207 West High St. One South Dearborn St. P.O. Box 899 Chicago, IL 60603 Jefferson City, MO 65102 (312) 853-7000 (573) 751-3321 [email protected] [email protected] CHERYL A. PILATE MORGAN PILATE LLC 926 Cherry St. Kansas City MO 64106 (816) 471-6694 Counsel for Petitioners Counsel for Respondents * Counsels of Record PETITON FOR CERTIORARI FILED MARCH 15, 2018 CERTIORARI GRANTED APRIL 30, 2018 TABLE OF CONTENTS Page Volume One United States District Court Of The West- ern District of Missouri, No. 4:14-cv-08000- BP, Relevant Docket Entries ........................ 1 United States Court Of Appeals, Eighth Circuit, No. 17-3052, Relevant Docket En- tries ................................................................ 18 First Amended Complaint, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 4, 2015) (excerpt) ............................................... 24 Second Amended Complaint, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. May 1, 2015) (excerpt) ............................................... 25 Order Granting Plaintiff Leave to Amend Complaint, Bucklew v. Precythe, No. 14- 08000 (W.D. Mo. June 16, 2015) ................... 27 Order Directing Plaintiff to File Fourth Amended Complaint, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Sept. 21, 2015) (excerpt) ......................................................... 30 Fourth Amended Complaint, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Oct. 13, 2015) .............................................................. 42 ii Exhibit 1, Declaration of Dr. Joel B. Zivot, Fourth Amended Complaint, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Oct. 13, 2015) (excerpt) ............................................... 92 Exhibit 2, Declaration of Dr. Gregory A. Jamroz, Fourth Amended Complaint, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Oct. 13, 2015) (excerpt) .......................... 93 Exhibit 6, Photographs of Gas Chamber, Fourth Amended Complaint, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Oct. 13, 2015) .............................................................. 95 Order and Opinion Granting in Part De- fendants’ Motion to Dismiss, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Jan. 29, 2016) .............................................................. 97 Order Regarding Scope of Discovery, Buck- lew v. Precythe, No. 14-08000 (W.D. Mo. Aug. 11, 2016) ................................................ 116 Plaintiff’s Motion for Leave to File Ex Parte and Under Seal an Exhibit in Support of Plaintiff’s Reply Brief in Support of His Motion to Compel, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 5, 2017) ................. 127 Order Denying Motion to File Document Under Seal, Bucklew v. Precythe, No. 14- 08000 (W.D. Mo. Apr. 6, 2017) ...................... 131 iii Exhibit 1, Deposition of Dr. Joel B. Zivot with Exhibits, part 1, to Suggestions in Support of Motion for Summary Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 10, 2017) (excerpts) ........................ 132 Exhibit 2, Medical Article, to Suggestions in Support of Motion for Summary Judg- ment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 10, 2017) (excerpts).............. 261 Exhibit 3, Deposition of Dr. Joseph F. Antognini, to Suggestions in Support of Motion for Summary Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 10, 2017) .............................................................. 274 Volume Two Exhibit 4, Deposition of Matthew Briesacher, to Suggestions in Support of Motion for Summary Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 10, 2017) (redacted) (excerpts) ............................ 474 Exhibit 5, Deposition of Dave Dormire, to Suggestions in Support of Motion for Summary Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 10, 2017) (re- dacted) (excerpts) .......................................... 508 Exhibit 6, Deposition of George Lombardi, to Suggestions in Support of Motion for Summary Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 10, 2017) (re- dacted) (excerpts) .......................................... 534 iv Exhibit 7, Deposition of Anne Precythe, to Suggestions in Support of Motion for Summary Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 10, 2017) (re- dacted) ........................................................... 560 Exhibit 8, Deposition of Troy Steele, to Suggestions in Support of Motion for Summary Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 10, 2017) (re- dacted) (excerpts) .......................................... 602 Exhibit 10, Deposition of Dr. William McKinney, to Suggestions in Support of Motion for Summary Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 10, 2017) (excerpts) ............................................. 631 Exhibit 11, Plaintiff’s Motion to Appoint Medical Expert, to Suggestions in Support of Motion for Summary Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 10, 2017) (excerpts) ....................................... 656 Order Granting in Part and Denying in Part Plaintiff’s Motion to Compel, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Apr. 11, 2017) ........................................................ 660 Exhibit 4, Pre-Execution Summary of Med- ical History, to Motion to Seal Document, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. May 15, 2017) ......................................... 682 v Exhibit 5, Excerpt of Prison File, Medical Accountability Record, to Motion to Seal Document, Bucklew v. Precythe, No. 14- 08000 (W.D. Mo. May 15, 2017) .................... 686 Exhibit 6, Excerpt of Medical Record His- tory, to Motion to Seal Document, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. May 15, 2017) ........................................................ 688 Exhibit 11, Oklahoma House Bill HB1879, Fiscal Analysis, to Motion to Seal Docu- ment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. May 15, 2017) ............................... 693 Exhibit 12, Oklahoma Multicounty Grand Jury Report, to Motion to Seal Document, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. May 15, 2017) (excerpt) .......................... 694 Exhibit 13, Oklahoma Death Penalty Re- view Commission Report, to Motion to Seal Document, Bucklew v. Precythe, No. 14- 08000 (W.D. Mo. May 15, 2017) (excerpt) .... 698 Exhibit 14, Supplemental Interrogatory Responses of George Lombardi, to Motion to Seal Document, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. May 15, 2017) (ex- cerpts) ............................................................ 711 Exhibit 15, Report of Louisiana Depart- ment of Public Safety, to Motion to Seal Document, Bucklew v. Precythe, No. 14- 08000 (W.D. Mo. May 15, 2017) .................... 733 vi Plaintiff’s Motion for Leave to File Sup- plement to Plaintiff’s Suggestions in Oppo- sition, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. May 15, 2017) ............................... 811 Order Denying Plaintiff’s Motion for Leave to File Supplemental Suggestions in Oppo- sition, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. May 16, 2017) ............................... 816 Order and Opinion Granting Defendants’ Motion for Summary Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. June 15, 2017) .............................................................. 817 Order Denying Plaintiff’s Request for Ac- cess to Depositions Taken in Other Cases, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. July 17, 2017) ......................................... 833 Plaintiff’s Notice of Filing Discovery Dis- pute Summaries, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. July 28, 2017)............... 836 Order and Opinion Denying Plaintiff’s Mo- tion to Alter or Amend Judgment, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. Aug. 21, 2017) ........................................................ 842 Appellant’s Opening Brief, Bucklew v. Precythe, No. 17-3052 (8th Cir. Dec. 1, 2017) (excerpts) ............................................. 848 Appellant’s Reply Brief, Bucklew v. Precythe, No. 17-3052 (8th Cir. Jan. 18, 2018) (excerpts) ............................................. 852 vii Opinion, Bucklew v. Precythe, No. 17-3052 (8th Cir. Mar. 6, 2018) .................................. 854 Exhibit, Affidavit of Alana Boyles, in Re- sponse in Opposition to Motion for Stay, Bucklew v. Precythe, No. 17-3052 (8th Cir. Mar. 10, 2018) ............................................... 882 Order Denying Rehearing and Rehearing En Banc, Bucklew v. Precythe, No. 17-3052 (8th Cir. Mar. 15, 2018) ................................ 884 Order Denying Motion for Stay, Bucklew v. Precythe, No. 17-3052 (8th Cir. Mar. 15, 2018) .............................................................. 887 Volume Three (Under Seal) Exhibit 1, Procedure for Execution, to Mo- tion to Seal Document, Bucklew v. Precy- the, No. 14-08000 (W.D. Mo. May 15, 2017) .............................................................. 889 Transcript of Teleconference, Bucklew v. Precythe, No. 14-08000 (W.D. Mo. July 24, 2017) .............................................................
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