'Allegations of pain related to difficulty achieving intravenous access do not amount to cruel and unusual punishment,” lawyers for the state wrote in the Monday court filing.
MONTGOMERY, Ala. — Arguing against a lawsuit, Alabama’s attorney general contended that an inmate did not suffer unconstitutionally during a lethal injection that waswhen the execution team couldn’t establish an intravenous line despite repeated attempts.
Alabama Attorney General Steve Marshall's office asked a judge to dismiss the lawsuit filed by Kenneth Eugene Smith seeking to prevent the state from making a second attempt to put him to death. The attorney general argued that repeatedly being pricked with a needle does not rise to the level of cruel and unusual punishment and that Smith did not suffer unconstitutional pain and mental anguish during the attempted execution.
"Allegations of pain related to difficulty achieving intravenous access do not amount to cruel and unusual punishment,” lawyers for the state wrote in the Monday court filing. Smith was scheduled to be put to death by lethal injection on Nov. 17 for the 1988 murder-for-hire slaying of Elizabeth Dorlene Sennett. Prison officials called off Smith’s execution for the night after they were unable to establish IV access.
The failed execution was the second instance that year of Alabama being unable to carry out an execution because of difficulties connecting intravenous access and its third since 2018.to conduct a"top-to-bottom" review of the state's capital punishment system.the previous one-day timeframe to carry out a death sentence. Instead, the governor will set a window of time for the execution to be carried out.
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