The “botched” execution caused pain and torture

MONTGOMERY, Ala. (AP) – Alabama prison staff strapped an inmate to a death chamber stretcher, despite a court order at the time blocking the execution, and later subjected him to numerous needle sticks, including in the neck and collarbone region while an officer held his head, writing Lawyers in a court record.

Lawyers for Kenneth Eugene Smith claimed the state violated the US Constitution, various court orders and its own lethal injection protocol during the “botched” attempted execution earlier this month. Smith’s attorneys are asking a federal judge to bar the state from attempting a second execution, saying Smith was already “already subjected to escalating pain and torture” on the night of the failed execution.

“The defendants’ treatment of Mr. Smith falls short of societal standards for a constitutional execution. The botched execution was appalling and extremely painful for Mr. Smith,” Smith’s attorneys wrote in the complaint filed in federal court. The lawsuit alleges that the state violated the constitutional prohibition on cruel and unusual punishment, is seeking monetary damages, and is seeking an injunction to prevent Alabama from “making a second attempt to execute Mr. Smith.”

The Alabama Department of Corrections did not immediately respond to an email seeking comment. Alabama Gov. Kay Ivey last week announced a temporary pause in executions to review the state’s death penalty system, citing concerns among victims’ families that death sentences would be delayed.

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