The office of Alabama’s attorney general has reached a settlement in a federal lawsuit filed by death row inmate Alan Miller regarding the state’s plan to execute him using nitrogen gas. The terms of the settlement are confidential, and the lawsuit has been dismissed with prejudice, preventing it from being brought again.
Miller's execution is scheduled to take place between September 26 and 27. He had challenged the state’s nitrogen hypoxia protocol, arguing that it could lead to undue suffering, violating his Eighth Amendment protections against cruel and unusual punishment.
Republican Attorney General Steve Marshall hailed the settlement as a validation of Alabama’s nitrogen gas execution method, emphasizing its constitutionality. The method involves the inmate inhaling 100% nitrogen gas, depriving them of the oxygen necessary for survival.
Miller, convicted of the 1999 fatal shootings of three individuals, had previously chosen nitrogen gas as his preferred method of execution. However, the state had initially proceeded with a lethal injection, which was aborted due to difficulties in accessing Miller's veins.
Miller and his legal team raised concerns about the state's execution protocol following the case of Kenneth Smith, the first person executed in the US using nitrogen gas earlier this year. Smith's execution raised questions about potential suffering, despite state officials describing it as quick and painless.
In his deposition, Miller expressed concerns about the mask used in the execution process, citing his size as a potential issue. He proposed modifications to the protocol, including using a properly fitting mask, medical-grade nitrogen, and administering a sedative before the gas.
The state officials largely dismissed Miller's proposed changes, citing logistical challenges and ethical considerations. They argued that top nitrogen gas suppliers had prohibited the use of medical-grade nitrogen in executions.
Miller, while expressing a desire for a sedative to calm him down, refused to cooperate with corrections officials for a mask fitting, deeming it as psychological terror. He indicated a willingness to undergo a fitting by a neutral third party.
The settlement of the lawsuit signifies a resolution to the legal battle over Alabama's nitrogen gas execution method, paving the way for Miller's scheduled execution next month.
