The lawsuit failed and Hooper was executed on Aug. 14, 2012.
Drummond asked Miles-LaGrange to be paid $10,627 for his work on the lawsuit, which he took all the way to the U.S. Supreme Court. Under the federal system for court-appointed attorneys, Drummond and another attorney were paid by the district court with public funds in another case challenging the separate issue of the constitutionality of Hooper's death sentence.
Drummond said he thinks Wednesday's decision may be the first by any federal appeals court on compensation for challenges to lethal-injection protocols.
He brought the death-drug lawsuit under the Constitution's provision against cruel and unusual punishment. The lawsuit cited examples of executions that used drug protocols similar to Oklahoma's in which prisoners allegedly suffered immense pain.