Louisiana judge stops use of nitrogen hypoxia for executions

SHREVEPORT, La. (KTAL/KMSS) – A victory for opponents of Louisiana’s decision to execute a man using nitrogen hypoxia as a federal judge grants their Eighth Amendment argument that gassing is cruel and unusual punishment.

Louisiana Chief District Judge Shelly Dick granted a motion for a preliminary injunction filed by attorneys for Jesse Hoffman who is scheduled to be executed by the state on March 18.

Hoffman’s argument is not an attempt to deny guilt or prevent the state from executing him, it questions the state’s chosen manner of execution and what Hoffman’s attorneys call secrecy in the state’s explanation of execution protocol.

He is asking that his execution be carried out by firing squad or a life-ending cocktail known as DDMAPh.

The argument that was granted is based on the Eighth Amendment, which prohibits excessive bail, fines, and cruel and unusual punishments.

In her explanation Judge Dick said, “The Court finds that Plaintiff has clearly shown a substantial likelihood that (1) making the condemned breath pure nitrogen until dead cruelly superadds pain and suffering to the execution when compared to firing squad; (2) firing squad is “feasible, readily implemented, and in fact significantly reduce[s] a substantial risk of severe pain;” and (3) that the State has failed to adopt firing squad as a method of execution without a legitimate penological reason.”

The judge noted that DDMAPh, although used in compassionate end of life care or assisted suicide, is not easily accessible for executions carried out by the state, and Louisiana has struggled to secure it previously.

Ultimately the judge believed that Hoffman’s claims that nitrogen hypoxia superadds psychological pain, suffering, and terror to his execution when compared to execution by firing squad. Saying the state had no legitimate reason related to the state’s penal system for not adopting, as the choice of which execution method the state utilizes is a decision left up to state’s Director of Public Safety and Corrections (DPSC).

“The public has an interest in knowing how its government operates. The obfuscation of the protocol by the State is deleterious to the public’s interest. The United States Constitution is simply the government’s promises to its citizens. The Eighth Amendment is the government’s assurance that no citizen will be punished by means that are cruel and unusual. Courts are the arbiter of whether the government honors this promise to her people. It is in the best interests of the public to examine this newly proposed method of execution on a fully developed record. The public has paramount interest in a legal process that enables thoughtful and well-informed deliberations, particularly when the ultimate fundamental right, the right to life, is placed in the government’s hands. Accordingly, Plaintiff’s Motion for Preliminary Injunction is granted.”
Chief District Judge Shelly Dick

Read Judge Dick’s ruling here

Louisiana Attorney General Liz Murrill said, “We disagree with the district court’s decision and will immediately appeal to the Fifth Circuit Court.”

Those who oppose Louisiana using nitrogen gas for state executions have argued that the cruel and unusual aspect is why it is prohibited as a method of euthanasia for companion animals in 48 states.

Priest and Death Row Spiritual Advisor Rev. Dr. Jeff Hood was vocal about Hoffman’s execution and executions in Alabama, the only other state that uses nitrogen hypoxia. In a statement Hood said, “Lucifer didn’t win today. Judge Shelly Dick has heard the cries of those of us who have actually witnessed a nitrogen hypoxia execution. Let there be no doubt, nitrogen hypoxia is one of the cruelest and most unusual forms of punishment to ever exist.”