A federal judge in Nebraska on Friday ruled against a German pharmaceutical company's motion to block lethal injection in Carey Dean Moore's scheduled execution Tuesday morning.
The company, Fresenius Kabi, alleges claimed state officials improperly obtained the company's drugs for the execution of Moore.
U.S. District Court Judge Richard Kopf said that the drugs were purchased legally by a licensed U.S. medical distributor. "I will not allow the plaintiff to disrupt Moore's execution by a last-minute lawsuit" Kopf said in his decision.
Kopf also said he denied a request by the plaintiff for the state to reveal invoices for the four drugs planned to be used that are in its possession.
The company argued that the drugs were sold to the state in 2015 by mistake, and the state refused to give them back when requested. The company also argued that the execution that took place in Tennessee on Thursday night went poorly with reports of the inmate being executed "choking and gasping for air."
The state rebutted that the Nebraska protocol is different, so the argument was irrelevant.
Moore's execution is set for 10:00 a.m. Tuesday morning. He was condemned for the 1979 murders of two Omaha cab drivers.