The Latest: Judge won't block upcoming Nebraska execution

LINCOLN, Neb. (AP) — The Latest on a federal judge deciding whether to allow Nebraska to carry out its first execution since 1997 (all times local):

3:40 p.m.

A federal judge is allowing Nebraska to proceed with the state's first-ever lethal injection despite a pharmaceutical company's lawsuit that claims the state illicitly obtained its drugs.

U.S. District Judge Richard Kopf on Friday denied the German company's request to temporarily block Nebraska prison officials from carrying out next week's execution of Carey Dean Moore.

Moore is scheduled to be executed Tuesday morning in Nebraska's first execution since 1997 with a never-before-tried combination of drugs. He was sentenced for killing two Omaha cab drivers in 1979.

The drug company, Fresenius Kabi, filed a lawsuit this week arguing that state officials improperly obtained at least one its drugs. State attorneys deny the allegation. The state also says one of its execution drugs is about to expire, and no one is willing to sell the state a replacement.


1:50 p.m.

A federal judge is set to decide whether Nebraska can proceed with the state's first execution since 1997 and its first-ever lethal injection.

U.S. District Court Judge Richard Kopf is expected to issue a ruling Friday in a lawsuit by a German pharmaceutical company that alleges state officials improperly obtained the company's drugs for the execution of Carey Dean Moore.

The company, Fresenius Kabi, is asking the judge to temporarily block state officials from carrying out the execution.

State officials say they legally procured the drugs. State prison officials also say one of the necessary execution drugs expires Aug. 31 and they can't buy any more.

Moore's execution is set for Tuesday morning. He was condemned for the 1979 murders of two Omaha cab drivers.