JEFFERSON CITY, Mo. (AP) -- A lawsuit against Missouri over lethal injection policies for executions has been dismissed.
Cole County Circuit Judge Patricia Joyce on Monday dropped the case.
A group of Missouri taxpayers and former lawmakers had claimed the state illegally obtains the drug pentobarbital that is used to put inmates to death. They also said the state receives the drug through an illegal prescription.
Lawyers for the Missouri attorney general's office had asked the judge to dismiss the case because it wrongly sought to privately enforce federal food and drug laws.
The state also argued the lawsuit was an attempt to block David Zink's execution. He's set to be put to death Tuesday.
Attorney Justin Gelfand, an attorney for the taxpayers, says they are considering appealing Joyce's ruling.