A federal judge has issued an injunction preventing the State of Louisiana from executing Jessie Hoffman using nitrogen gas, halting what would have been the state’s first use of the controversial execution method. The ruling comes just days before the scheduled March 18 execution, with the judge finding that Hoffman has a strong likelihood of proving that nitrogen gas suffocation constitutes cruel and unusual punishment under the Eighth Amendment.
The decision follows a March 7 evidentiary hearing, during which Hoffman’s legal team presented arguments and evidence detailing the risks and suffering associated with nitrogen hypoxia. Chief District Judge Shelly Dick sided with Hoffman’s challenge, writing in the ruling that the method “poses a substantial risk of conscious terror and psychological pain.”
Hoffman’s attorneys, led by the Promise of Justice Initiative, argue that Louisiana’s attempt to carry out an execution using nitrogen gas—a method only previously used in Alabama—violates constitutional protections. “Jessie Hoffman, like all of us, is protected by the Constitution against torture,” said Samantha Kennedy, Executive Director of the Promise of Justice Initiative. “The Court rightly recognized that gassing a human to death raises serious constitutional concerns that deserve a full trial.”
Despite the ruling, Louisiana officials immediately appealed to the Fifth Circuit Court of Appeals, setting up a legal battle over the state’s ability to move forward with executions using nitrogen gas. Under Louisiana law, if the injunction is lifted, a new execution date must be set within 30 to 45 days.
Hoffman was notified on February 20 that he would be executed using nitrogen gas, an untested method that has drawn national scrutiny after recent executions in Alabama were reported to be prolonged and traumatic. His legal team filed suit on February 25, arguing that Louisiana’s execution procedures violate federal law and constitutional protections.
With the state’s appeal pending, the future of nitrogen gas executions in Louisiana remains uncertain.
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