Nitrogen gas execution is unconstitutionally cruel, judge says in blocking Alabama from using method

Jeffery Lee was set to be executed by nitrogen gas Thursday.

MONTGOMERY, Ala. — A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring the method violates the ban on cruel and unusual punishment.

Subscribe to read this story ad-free

Get unlimited access to ad-free articles and exclusive content.

U.S. District Judge Emily C. Marks issued the decision a day after an appeals court reversed her ruling that the method is constitutional.

Marks permanently enjoined the state from executing Jeffery Lee by nitrogen gas. Lee was scheduled to be executed Thursday at an Alabama prison.