Federal Judge Blocks Louisiana’s Planned Execution by Nitrogen Hypoxia

A federal judge has temporarily halted Louisiana’s planned execution of death row inmate Jessie Hoffman, ruling that the state’s use of nitrogen hypoxia poses a substantial risk of extreme psychological suffering and violates the Eighth Amendment’s prohibition on cruel and unusual punishment.

In a 29-page decision, U.S. District Judge Shelly Dick granted a preliminary injunction, preventing Louisiana from carrying out Hoffman’s scheduled March 18 execution for the 1996 murder of New Orleans ad executive Molly Elliott.

Hoffman’s attorneys challenged the execution method, arguing that forcing an inmate to inhale pure nitrogen triggers terror, severe distress, and a prolonged struggle for air. Expert testimony presented in court described the process as inducing a primal urge to breathe, leading to intense panic, gasping, and convulsions before loss of consciousness.

Judge Dick cited witness accounts from Alabama’s nitrogen hypoxia executions, where inmates reportedly experienced violent bodily movements and convulsions before dying.

Louisiana’s execution protocol closely mirrors Alabama’s, raising similar concerns about its constitutionality. The judge also criticized Louisiana officials for finalizing execution procedures at the last minute and withholding key details, limiting the ability of defense attorneys to mount a legal challenge before the scheduled execution date.

While the ruling prevents Louisiana from using nitrogen hypoxia while the case continues, it does not challenge Hoffman’s conviction or death sentence itself. The judge also noted that execution by firing squad would likely cause a faster and less painful death.

Louisiana Attorney General Liz Murrill announced that the state will appeal the ruling to the Fifth Circuit Court of Appeals. This decision marks the first time a court has blocked a nitrogen hypoxia execution on constitutional grounds, while Alabama remains the only state to have used the method, executing four inmates since January 2024.

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