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)

Saudi Arabia executed 356 people in 2025, highest number on record

Analysts attribute increase to kingdom’s ‘war on drugs’ as authorities kill 356 people by death penalty Saudi authorities executed 356 people in 2025, setting a new record for the number of inmates put to death in the kingdom in a single year. Analysts have largely attributed the increase in executions to Riyadh’s “war on drugs”, with some of those arrested in previous years only now being executed after legal proceedings and convictions. Official data released by the Saudi government said 243 people were executed in drug-related cases in 2025 alone, according to a tally kept by Agence France-Presse.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

USA | Justice Department Encourages New Capital Charges Against Commuted Federal Death Row Prisoners

On Dec. 23, 2024, former President Joseph R. Biden Jr. commuted the sentences of nearly all federal death row prisoners, sparing 37 men from execution. Just 28 days later, on Jan. 20, 2025, newly inaugurated President Donald J. Trump issued an executive order encouraging state and local prosecutors to pursue new charges against those same prisoners, reopening the possibility of capital punishment in state courts.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.

Iran | Executions in Shiraz, Borazjan, Ahvaz, Isfahan, Ardabil, Rasht, Ghaemshahr, Neishabur

Iran Human Rights (IHRNGO); December 23, 2025: Mahin Rashidi, Abbas Alami, Naser Faraji, Tohid Barzegar and Jamshid Amirfazli, five co-defendants on death row for drug-related offences, were secretly executed in a group hanging in Shiraz Central Prison.  According to information obtained by Iran Human Rights, four men and a woman were hanged in Shiraz (Adel Abad) Central Prison on 17 December 2025. Their identities have been established as Mahin Rashidi, a 39-year-old woman, Abbas Alami, 43, Naser Faraji, 38, Tohid Barzegar, 51, and Jamshid Amirfazli, 45, all Kashan natives.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

M Ravi, the man who defied Singapore regime's harassment, dies

M Ravi never gave up despite the odds stacked against him by the Singapore regime, which has always used its grip on the legal process to silence critics. M Ravi, one of Singapore's best-known personalities who was at the forefront of legal cases challenging the PAP regime over human rights violations, has died. He was 56. The news has come as a shock to friends and activists. Singapore's The Straits Times reported that police were investigating the "unnatural death".

Singapore | Prolific lawyer M Ravi, known for drug death-penalty cases, found dead

Ravi Madasamy, a high-profile lawyer who represented death-row inmates and campaigned against capital punishment, was found dead in the early hours, prompting a police investigation into an unnatural death KUALA LUMPUR — Prolific Singapore lawyer Ravi Madasamy who tried to save Malaysian drug traffickers from the gallows found dead in the early hours with police investigating a case of unnatural death. Lawyer Eugene Thuraisingam, who had previously represented 56-year-old Ravi in court and described him as a friend, said he was deeply saddened by the news.