No. 18-1249October Term 2018Decided May 13, 2019
Christopher Lee Price, Petitioner v. Jefferson S. Dunn, Commissioner, Alabama Department of Corrections, et al.
The Supreme Court did not take up the case, so it left the lower court's decision in place without settling the broader legal questions.
Case status
- Current stage
- Decided
- Latest event
- Decision released May 13, 2019
- What it's about
from the United States Court of Appeals for the Eleventh Circuit.
Question presented
1. Has an Alabama death row inmate shown that pentobarbital is “available” to the ADOC where he proves that pentobarbital is easily made by any compounding pharmacy, multiple states are presently able to obtain the drug for use in executions, and the ADOC failed to undertake “ordinary transactional efforts” to obtain the drug? 2. If a state’s lethal injection protocol will cause the inmate to experience gruesome and brutal pain, is the state entitled to proceed with the execution anyways, merely because the state cannot immediately obtain alternative drugs known to be effective in accomplishing a humane lethal injection execution?
- Case path
United States Court of Appeals for the Eleventh Circuit / Decision released May 13, 2019
- Area
Decided Supreme Court case
Briefing
What it's about
This case asked the Supreme Court to review an Alabama death row inmate's challenge to the state's lethal injection protocol and its use of midazolam instead of pentobarbital. The Court declined review and did not decide the merits of those Eighth Amendment claims.
Vote
The Court declined to hear the case. No vote count or opinion lineup is provided in the record here.
Impact
That left the lower court's result in place for this inmate and for Alabama officials using the current execution protocol. More broadly, it showed how hard it can be for prisoners to get Supreme Court review of last-minute execution challenges.
What's next
There is no further action in this Supreme Court docket. The practical effect is that the lower court's ruling remained operative unless changed in some other proceeding.
What was the core dispute in Price v. Dunn?
Price said Alabama's three-drug protocol would cause extreme pain and argued the state should use pentobarbital instead. He also argued Alabama had not made enough effort to obtain that alternative drug.
What were the real-world consequences of the Court's action?
Because the Court declined review, Alabama kept the benefit of the lower court ruling in this case. That mattered directly to Price and to state officials carrying out executions.
What was the next procedural step after the Supreme Court acted?
There was no further step in this Supreme Court case. The Court finished the docket action when it declined to hear the petition for certiorari (review).
Decision
What the Court decided
The Supreme Court did not take up the case, so it left the lower court's decision in place without settling the broader legal questions.
Impact
That left the lower court's result in place for this inmate and for Alabama officials using the current execution protocol. More broadly, it showed how hard it can be for prisoners to get Supreme Court review of last-minute execution challenges.
Not official Court text.
Opinion documents
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jun 1, 2026
- Method
- Methodology