Alabama inmate set for second-ever nitrogen gas execution sues: 'pain and disgrace'

Alabama inmate Alan Eugene Miller is suing to block the state's attempt to put him to death using nitrogen gas after that execution method was tried in January with unclear results.

Miller's attorneys argued that the first nitrogen execution in January left Kenneth Smith shaking and convulsing on a gurney as he was put to death. The suit argued that it would be a violation of the ban on cruel and unusual punishment to put him to death using the same protocol, which used a mask to deliver the nitrogen gas. They also argued the state is seeking to execute Miller to "silence" him in retaliation for speaking out about his failed lethal injection attempt, calling that a violation of his free speech and due process rights.

"Rather than address these failures, the State of Alabama has attempted to maintain secrecy and avoid public scrutiny, in part by misrepresenting what happened in this botched execution," the lawyers wrote. They said Alabama was unable to conduct such an execution "without cruelly superadding pain and disgrace, and prolonging death."