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US appeals court raises concerns about Alabama’s use of nitrogen gas for executions

The panel said Lee showed a substantial risk of serious harm and ordered a trial court to examine whether a feasible alternative exists.

  • A federal appeals court ruled Monday that Alabama's nitrogen gas execution method needs more study regarding constitutional protections against cruel and unusual punishment, days before a scheduled Thursday execution.
  • Death row inmate Jeffery Lee filed a lawsuit last year challenging the method after an earlier federal judge ruled it did not violate the constitutional ban on cruel and unusual punishment.
  • Attorneys for Lee argue the method causes excessive suffering, noting Alabama's last nitrogen execution took more than 30 minutes to complete and involves replacing breathable air with pure nitrogen gas.
  • The three-judge appeals court panel stopped short of staying the planned execution but asked the judge to consider whether a firing squad alternative remained feasible for the state.
  • Nationally, nitrogen gas has been used in eight executions—seven times in Alabama and once in Louisiana—as Lee awaits Thursday's execution for killing two people during a 1998 robbery.
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Dothan Eagle broke the news on Monday, June 8, 2026.
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