An Alabama death row inmate, David Phillip Wilson, has filed a lawsuit in federal court challenging the constitutionality of nitrogen gas executions. The action contends that this method of execution causes violent convulsions and lasting agony, opposing the claim that it results in a quick and painless death. Wilson’s argument is based on details from the first execution of its kind in the nation.
Bernard E. Harcourt, Wilson’s counsel, argued in the lawsuit that the execution of Kenneth Eugene Smith in January showcased the extreme suffering caused by nitrogen gas asphyxiation. Smith reportedly suffered violent convulsions for several minutes, leading Harcourt to describe the event as a “human experiment that officials botched miserably”.
Wilson, who was convicted of killing a man during a 2004 burglary, further asserts in his lawsuit that he has “unique medical conditions” including “pulmonary issues”, “Asperger’s Syndrome”, and “light hyper-sensitivity and vision impairment”. He argues that these may increase the likelihood of enduring an extended death, thereby constituting a violation of the Eighth Amendment’s prohibition of cruel and unusual punishment.
The lawsuit seeks a declaratory judgment stating that the existing protocol for nitrogen gas asphyxiation contravenes a person’s constitutional right to protection against cruel and unusual punishment. Interestingly, the US Supreme Court allowed Alabama to execute a person with nitrogen gas for the first time last month.
Wilson’s legal action highlights reports from media and witnesses which contradict the state of Alabama’s claim that execution by nitrogen gas swiftly renders someone unconscious “within seconds”. Instead, recollections of Smith’s execution describe a prolonged period of consciousness marked by visible struggle and discomfort. The lawsuit suggests that Alabama already had a “poor record of botched executions”, even before the introduction of nitrogen gas as a method.
Despite these allegations, Alabama Attorney General Steve Marshall asserted that Smith’s execution showed nitrogen gas asphyxiation to be a “proven method”, and confirmed the state’s intention to continue executing death sentences using this method.