On Wednesday morning, ahead of a Pulaski County Circuit Court hearing, Arkansas Attorney General Leslie Rutledge filed a response to the temporary restraining order filed by a drug distributor and motioned to dismiss the lawsuit.

Rutledge stated three claims for the dismissal of the suit: only the Arkansas Supreme Court can issue a stay of an execution when a suit is in state courts, McKesson has no jurisdiction to tell the state what to do with the drug purchased, under Arkansas State law the Arkansas Department of Correction does not have to disclose to a company what they had planned on using the drug for.

The distributor of one of the drugs contained in Arkansas’ lethal injection protocol has filed a new action in court to keep the state from using its product to carry out the death penalty. Tuesday afternoon, Arkansas Attorney General Leslie Rutledge motioned for a change of venue in the case from Pulaski County to Faulkner County.

McKesson Corporation filed the lawsuit Tuesday in Pulaski County Circuit Court, releasing the following statement:

The drug distributor first filed a lawsuit last week, claiming the Arkansas Department of Correction lied to them in order to obtain the Vecuronium Bromide from the company. McKesson pulled the lawsuit Saturday because of the federal ruling from Judge Kristine Baker, who issued a stay on executions involving the use of the drug Midazolam. Due to Judge Baker’s ruling, there appeared to be “no longer imminent danger of McKesson’s property being used in a manner that is inconsistent with our supplier agreement.”

After McKesson pulled the lawsuit, the company said it reserved the right to refile the lawsuit, “should the Arkansas Department of Correction be given the right to proceed at a future date.”

Tuesday afternoon, Attorney General Rutledge filed a motion to move the case of McKesson v. State of Arkansas to Faulkner County, pursuant to Act 967, if no plaintiff in an action “is a resident of Arkansas,” then “[a] defendant in a civil action under § 16-60-104(3) may obtain an order for a change of venue by motion requesting a transfer to . . . any county in the state of Arkansas.” The motion says the venue change is “mandatory”.

The state of Arkansas is scheduled to execute five death row inmates beginning April 20. Two other inmates – Don Davis and Bruce Ward – were scheduled to be put to death Monday, April 17, but they were both issued stays of execution.