- Associated Press - Monday, December 12, 2016

PHOENIX (AP) - Arizona is seeking to dismiss part of a lawsuit that protests the way the state carries out executions.

The state filed papers Friday seeking to dismiss the lawsuit’s claim that the sedative midazolam can’t ensure that condemned inmates won’t feel the pain caused by another drug in a three-drug execution protocol.

Lawyers for the state say the claim is moot because Arizona won’t use the sedative in the future even if it finds a new supply.

The judge presiding over the case has expressed concerns that the decision to stop using midazolam could be reversed in the future by a state prisons director or a governor.

A remaining claim in the lawsuit alleges Arizona has abused its discretion in the methods and amounts of the drugs used in past executions.

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