Skip to main content

Nine Tennessee Death Row Prisoners Challenge State’s One-Drug Lethal Injection Protocol, Citing ​“High Risk of Torturous Death”

On March 14, 2025, a group of nine death row pris­on­ers in Tennessee filed a law­suit chal­leng­ing the state’s sole use of pen­to­bar­bi­tal in its revised lethal injec­tion pro­to­col, argu­ing it cre­ates a ​“high risk of a tor­tur­ous death.” In December 2024, the Tennessee Department of Correction (TDOC) com­plet­ed a mul­ti-year lethal injec­tion pro­to­col review and announced that instead of the pre­vi­ous three-drug pro­to­col, the state would shift to rely on just one drug: pen­to­bar­bi­tal. 

Earlier this month, the Tennessee Supreme Court sched­uled exe­cu­tion dates for four indi­vid­u­als begin­ning in May 2025: Oscar Smith (May 22), Byron Black (August 5), Donald Middlebrooks (September 24), and Harold Nichols (December 11).

Both Mr. Smith and Mr. Black are par­ties to the law­suit, which alleges pen­to­bar­bi­tal is ​“a poi­son that has been shown through recent evi­dence to pose a high risk of a tor­tur­ous death, par­tic­u­lar­ly if obtained, stored, han­dled, and/​or admin­is­tered incor­rect­ly.” 

According to the claim, the department’s ​“cul­ture of non­com­pli­ance, when com­bined with the risk-prone nature of pen­to­bar­bi­tal poi­son­ing as a method of exe­cu­tion, cre­ates a high risk that a per­son receiv­ing a lethal injec­tion admin­is­tered by TDOC will be tor­tured to death.” 

The law­suit also points to a 2020 review of 200 autop­sies of indi­vid­u­als exe­cut­ed by lethal injec­tion, includ­ing 58 pris­on­ers exe­cut­ed by pen­to­bar­bi­tal. Of these 58 peo­ple, 49 of them ​“expe­ri­enced pul­monary ede­ma, a con­di­tion in which flu­id accu­mu­lates in the air spaces of the lungs.” 

Pulmonary ede­ma, the fil­ing explains, ​“can cre­ate a sense of suf­fo­cat­ing or drown­ing that has been likened by experts to the sen­sa­tion inten­tion­al­ly induced by the prac­tice of water­board­ing — an unam­bigu­ous form of out­right tor­ture.” 

The U.S. Department of Justice (DOJ), under then-Attorney General Merrick Garland with­drew the sin­gle-use of pen­to­bar­bi­tal in fed­er­al exe­cu­tions just weeks after Tennessee announced its new pro­to­col based on what he called ​“sig­nif­i­cant uncer­tain­ty” about whether exe­cu­tions by pen­to­bar­bi­tal cause unnec­es­sary pain and suffering.

The evi­dence keeps pil­ing up to show that pen­to­bar­bi­tal poi­son­ing is excru­ci­at­ing­ly painful…Tennessee appears to have picked this method only because they were able to get their hands on pen­to­bar­bi­tal, not because its use for exe­cu­tions com­plies with the Constitution or state law.
Amy Harwell, attor­ney rep­re­sent­ing nine death row pris­on­ers in chal­lenge to Tennessee’s pentobarbital protocol.

The law­suit also con­tests TDOC’s ​“12-hour black­out” pol­i­cy, which man­dates that the war­den “[e]nsure non-con­tact vis­its and phone calls — exclud­ing vis­its and calls from the inmate’s attor­ney of record — are con­clud­ed” 12 hours ahead of the sched­uled exe­cu­tion. 

This por­tion of the new pro­to­col pre­vents pris­on­ers from inter­act­ing with friends, fam­i­ly, and any spir­i­tu­al advi­sors dur­ing the last 12 hours of their life. ​“Because the 12-hour black­out con­cludes with the exe­cu­tion of the restrict­ed per­son, the 12-Hour Blackout pol­i­cy is a restric­tion on the individual’s abil­i­ty to com­mu­ni­cate his thoughts and feel­ings as he faces death,” says the lawsuit.

In May 2022, Governor Bill Lee paused all exe­cu­tions and called for an ​“inde­pen­dent review” of the state’s exe­cu­tion pro­to­col to address a ​“tech­ni­cal over­sight” that led him to halt Oscar Smith’s exe­cu­tion less than a half-hour before it was sched­uled to be car­ried out on April 21, 2022. 

Gov. Lee retained for­mer U.S. Attorney Ed Stanton to con­duct a review of Tennessee’s exe­cu­tion pro­to­col after cor­rec­tions depart­ment offi­cials failed to test the exe­cu­tion drugs for bac­te­r­i­al endo­tox­ins before Mr. Smith’s exe­cu­tion. Mr. Stanton’s inde­pen­dent review, which exam­ined all exe­cu­tions car­ried out in the state between 2018 and 2022, and released in December 2022, found that the same lax over­sight that occurred in the lead up to Mr. Smith’s exe­cu­tion had also occurred in the prepa­ra­tions for the sev­en pre­vi­ous exe­cu­tions. 

Between 2018 and 2022, two peo­ple were exe­cut­ed by lethal injec­tion; five were exe­cut­ed by elec­tro­cu­tion, but the state pre­pared lethal injec­tion drugs in case they changed their choice of exe­cu­tion method; and one exe­cu­tion was called off after preparations begun.

According to Mr. Stanton’s report, the state’s pre­vi­ous exe­cu­tion pro­to­col required that the drugs be test­ed for poten­cy, steril­i­ty, and endo­tox­in con­t­a­m­i­na­tion, but TDOC repeat­ed­ly vio­lat­ed that require­ment, test­ing for endo­tox­ins in only one of eight pre­pared dos­es of lethal injec­tion. Ahead of one of the exe­cu­tions, TDOC failed to con­duct any test­ing, and in anoth­er, the drug failed poten­cy test­ing. 

Several reforms were rec­om­mend­ed in Mr. Stanton’s report, includ­ing the acqui­si­tion of a phar­ma­ceu­ti­cal expert to guide the lethal injec­tion process, dis­clo­sure of exe­cu­tion pro­to­col to drug providers, and for­ma­tion of a review team for pre-exe­cu­tion test­ing data. 

In response, Gov. Lee announced four spe­cif­ic actions his admin­is­tra­tion would imple­ment: lead­er­ship restruc­tur­ing with­in TDOC, appoint­ment of a per­ma­nent TDOC com­mis­sion­er in January 2023, pro­to­col revi­sion (in col­lab­o­ra­tion with the Governor’s and Attorney General’s offices), and com­pre­hen­sive train­ing review relat­ed to the updat­ed pro­to­cols and operational modifications.

Tennessee’s last exe­cu­tion was car­ried out in February 2020, with the elec­tro­cu­tion of Nicholas Sutton.

Source: Death Penalty Information Center, Staff, March 18, 2025




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde


Comments

Most viewed (Last 7 days)

After Nearly 30 Years and a Supreme Court Reversal: Assessing the Likely Result of Richard Glossip’s Oklahoma Retrial

DPN asked Grok for a legal analysis of Richard Glossip’s upcoming murder retrial and its likely disposition. Most likely outcome of Richard Glossip’s retrial: acquittal or a hung jury leading to dismissal or no further prosecution, rather than a conviction for first-degree murder. A conviction remains possible but is the less probable result given the severely damaged core evidence and the state’s own prior admissions. Death is off the table. Case background

Iran executes 20-year-old protester as fears grow for other detainees

Iranian authorities executed 20-year-old protester Arvin Kheirkhah at Shahroud prison on Saturday morning, according to information obtained by Iran International, amid concerns that several other detainees could also face execution. Kheirkhah was arrested during the January protests and sentenced to death by a Revolutionary Court on charges including moharebeh , or “waging war against God.” He was transferred to solitary confinement on Wednesday ahead of the execution. His family gathered outside Shahroud prison on Friday night in an attempt to stop the sentence from being carried out. According to information received by Iran International, Kheirkhah told his family in a final conversation: “Don’t let them forget me. We stood up for the liberation of our homeland. Don’t let the path we chose be silenced.”

Florida | 49 years on death row, killer of Bonita Springs teen learns death date

A Fort Myers man on death row for nearly five decades learned his execution date as Gov. Ron DeSantis signed his order Thursday, July 30. Harold Gene Lucas, then 24, shot and killed his 16-year-old girlfriend, Anthia Jill Piper in Bonita Springs on August 14, 1976. Lucas was 24 when he was charged in Piper's shooting death at her parents' home on Aug. 14, 1976. The execution is set for Sept. 1 in a state that has accelerated its pace under DeSantis the past two years, with a record of 19 executions in 2025. Piper was shot seven times by Lucas, who claimed to be intoxicated.

Doctors warn against Tennessee death penalty protocols

Tennessee’s execution protocol is medically unethical and should be revamped before further executions occur, nearly 40 health care professionals said in a letter to Gov. Bill Lee. Like the coalition of faith leaders who asked for a moratorium on executions earlier this month, the physicians, nurses, and other medical professionals who signed the July 28 letter said they were motivated to speak up after the gruesome and botched execution of Tony Carruthers in May. Carruthers spent 90 minutes bleeding and writhing in agony as an attending physician made repeated unsuccessful attempts to insert an IV into the inmate’s chest after being unable to find useable veins in the arms, legs, and feet. Lee granted Carruthers a one-year reprieve after the ordeal.

Idaho | How Bryan Kohberger’s Guilty Plea Move Could Be His Death Sentence

If Bryan Kohberger successfully withdraws his guilty plea and goes to trial for the murders of four University of Idaho students, it could lead to him being sentenced to death, experts told Newsweek . Kohberger, 31, filed a handwritten petition on Monday from the Idaho Maximum Security Penitentiary, where he is serving four consecutive life sentences for the murders of Kaylee Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen in a rental home near the university's campus in Moscow, Idaho, in 2022. Kohberger pleaded guilty to the fatal stabbings just over a year ago, a month before jury selection was set to start.

Florida executes Dominick Occhicone

Florida executes 2 men in a day. Republican Gov. Ron DeSantis has made Florida's death chamber the nation’s busiest at the end of his final term.   STARKE, Fla. — Florida on Tuesday became the first state in nearly a decade to carry out two executions in a single day, the last an 80-year-old man who was the second-oldest inmate known to receive a lethal injection in modern U.S. history. Hours earlier, the state executed a former police officer convicted of killing a young girl.

Florida executes James Duckett

Double execution: 1st of 2 inmates is put to death in Florida Florida has executed James Duckett, a 68-year-old former cop convicted of killing an 11-year-old girl in 1987. The state is set to execute an 80-year-old man 6 hours later for a 1986 murder.  Florida carried out the 1st double execution in more than 60 years, executing former police officer James Duckett and later scheduling the execution of 80‑year‑old Dominick Occhicone, amid Governor Ron DeSantis’s aggressive push to increase death penalties in the state.  Florida has put to death the 1st of 2 inmates in the state's 1st double execution in more than 60 years amid an aggressive death penalty push by Gov. Ron DeSantis. 

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

Texas | New Evidence Challenges Rodney Reed Death Penalty Conviction

AUSTIN, Texas — Nearly three decades after Rodney Reed was sentenced to death for the rape and murder of Stacey Stites, prosecutors and law enforcement officials are urging Texas’ highest criminal court to fully examine new evidence they argue raises serious questions about his conviction before the state carries out an irreversible punishment. Fair and Just Prosecution, joined by the Law Enforcement Action Partnership and 29 current and former prosecutors and law enforcement officials, filed an amicus brief urging the Texas Court of Criminal Appeals to fully review new evidence in Reed’s death penalty case, according to an FJP press release.

Florida | Former warden recalls botched electrocution that left him battling PTSD for 13 years and turned him into an abolitionist

Ron McAndrew anticipated it would be just another standard execution. He had been assigned to carry out the death of Cuban refugee Pedro Medina via electric chair within the confines of Florida State Prison. Fifteen years had passed since Medina's conviction for the murder of 52-year-old Dorothy James, and McAndrew's responsibility was to oversee the administration of lethal electrical currents to his brain. Having already supervised two previous executions using the identical procedure and raised in a community that strongly supported capital punishment, he expected a swift conclusion with justice delivered.