Louisiana's first nitrogen gas execution halted by federal judge

Baton Rouge, Louisiana - Louisiana's first planned execution by nitrogen gas – scheduled to take place next week – has been halted by a federal judge.

A US judge has halted a planned execution by nitrogen gas, scheduled to take place next week at the Louisiana State Penitentiary.
A US judge has halted a planned execution by nitrogen gas, scheduled to take place next week at the Louisiana State Penitentiary.  © IMAGO / ZUMA Press

US District Court Judge Shelly Dick issued a preliminary injunction on Tuesday barring the state from carrying out the March 18 execution of Jessie Hoffman Jr.

Hoffman and his attorneys had filed a lawsuit, arguing that the controversial execution method constituted cruel and unusual punishment, the Associated Press reported.

During a hearing last week, lawyers also argued that the method would violate Hoffman's freedom to practice his religion, including Buddhist breathing and meditation exercises, as well as exacerbate his PTSD and claustrophobia.

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"Now, after an expedited hearing, and absent a fully developed record, this Court must answer the ultimate question: is nitrogen hypoxia cruel and unusual punishment under the Eighth Amendment?" Dick wrote in her ruling.

"Plaintiff has shown that nitrogen hypoxia superadds psychological pain, suffering, and terror to his execution when compared to execution by firing squad," the judge added, although firing squad is not currently a legal execution method in the state.

Louisiana moves to resume executions after 15-year pause

Republican Governor Jeff Landry last month announced Louisiana would resume executions – including by nitrogen gas – after a 15-year pause.

Experts appointed by the United Nations Human Rights Council have denounced the use of nitrogen gas as an execution method, noting it "may amount to cruel, inhuman or degrading treatment, or even torture."

Nevertheless, the Louisiana state legislature last year passed legislation to expand execution methods to include nitrogen gas and electrocution.

Louisiana Attorney General Liz Murrill said the state will "immediately appeal" the decision in Hoffman's case.

Cover photo: IMAGO / ZUMA Press

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