Byron Black v. Frank Strada, in his official capacity as Commissioner of the Tennessee Department of Correction, et al.,

Byron Lewis Black, a death-row inmate scheduled for execution on August 5, 2025,
challenges Tennessee’s lethal injection protocol. He asserts that the protocol, which uses a
single dose of pentobarbital, is unconstitutional as applied to him because it does not
account for his individualized medical condition that necessitated an implantable
cardioverter-defibrillator (“ICD”). Due to the impending execution, Mr. Black sought a
temporary injunction in the trial court requiring the defendants to deactivate the ICD prior
to the execution. He argues that the effects of pentobarbital will trigger the device and
result in the infliction of extreme pain in violation of the Eighth Amendment. After a
hearing, the trial court granted the temporary injunction, directing the defendants to arrange
for qualified medical personnel to deactivate the ICD moments before administering the
lethal injection. The court subsequently modified the injunction to permit the defendants
to transport Mr. Black to a hospital to deactivate the ICD “as early as possible” on the
morning of the execution. The defendants filed an application for extraordinary appeal in
the Court of Appeals pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure
asking the intermediate appellate court to vacate the temporary injunction. This Court
assumed jurisdiction pursuant to Tennessee Code Annotated section 16-3-201(d)(3) and
ordered Mr. Black to file an answer. Upon review, we grant the application and conclude
that the trial court erred in granting the injunction. Accordingly, we vacate the temporary
injunction.