Death row inmate sues Tennessee, claiming state denied private confession before execution

A Tennessee death row inmate and his chosen spiritual advisor have filed a federal lawsuit against the Tennessee Department of Correction, alleging state prison policies violate their religious rights by preventing a private confession before execution.

The lawsuit, filed in U.S. District Court, does not challenge Tennessee’s authority to carry out executions. Instead, it asks whether condemned inmates have a constitutional and federally protected right to privately practice their faith before the state carries out a death sentence.

John Michael Bane has spent decades on Tennessee’s death row after a Shelby County jury convicted him of 1st-degree felony murder in the 1988 robbery and killing of 60-year-old Royce Frazier.

According to court records, Frazier’s body was found in a bathtub filled with water. Jurors later sentenced Bane to death after finding the murder was especially heinous, atrocious, or cruel and committed during the perpetration of a robbery.

Now, Bane is at the center of a different legal battle.

Bane and Rev. Jeffrey Hood have sued the Tennessee Department of Correction, Commissioner Frank Strada and other prison officials, claiming prison policies prevent Bane from receiving the Sacrament of Confession in private.

According to the complaint, communications between inmates and spiritual advisors are limited to recorded telephone calls or in-person visits where conversations may be overheard.

The lawsuit argues those restrictions violate the plaintiffs’ religious beliefs, which require confession to remain private and confidential.

“They say we want to be humane when it comes to executions, and I can’t think of anything more humane when it comes to confession and absolution,” Rev. Hood told News 2.

The complaint also argues a confession could include admissions involving uncharged crimes, prison rule violations, or information related to ongoing legal proceedings. The plaintiffs alleged those recorded conversations could be shared with law enforcement or attorneys representing the state.

“Well, if somebody is listening on a recorded line, you cannot keep that confidentiality, and therefore it diminishes my role as a priest,” Hood said.

Hood said he has served as a spiritual advisor during executions in Missouri, Oklahoma, Texas, Alabama, and Florida, where he says private confessions were allowed before executions.

“I can tell you in every one of those states I have been given moments of private confession that either happens over the phone or in person,” Hood said.

The lawsuit also alleges Hood was denied access to serve as Bane’s spiritual advisor because of his public positions on the death penalty, abortion, and homosexuality.

“So the question is not, is this person progressive? Is this person conservative? Where are they coming from? What denomination are they coming from? What religion? The question is: How do we want to be treated?” Hood said.

The plaintiffs are asking a federal judge to order Tennessee to allow private, confidential communications between Bane and his chosen spiritual advisor. They are also seeking monetary damages and attorney’s fees.

“Tennessee is the lone state that is holding out to treat priestly confession as something they can control and have authority over,” Hood said. “It’s insane to me that we’re even having to talk about this. Religion is not something government should touch.”

The allegations in the lawsuit have not been proven in court.

A spokesperson for the Tennessee Department of Correction told News 2 the department does not comment on pending litigation.

The Tennessee Attorney General’s Office said it has referred the matter to one of its attorneys and will provide additional information when it becomes available.

Source: WKRN news, Staff, August 4, 2026

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

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