The Clock is Ticking: Legal Barriers in § 1983 Execution Protocol Challenges

Abstract

At 7:53 p.m. on January 25, 2024, the curtains opened, revealing Kenneth Smith strapped down in the execution room, covered by a white sheet. A respirator mask covered his face, serving as the conduit for nitrogen gas that Smith would soon inhale. The prison warden entered the execution chamber, read Smith’s death warrant, and allowed Smith to share his final words: “Tonight Alabama causes humanity to take a step backwards. I’m leaving with love, peace[,] and light . . . . Love all of you.” Alabama’s Attorney General permitted the warden to continue, signaling no court orders were staying the execution. At 7:58 p.m., nitrogen gas flowed through the respirator, and “Smith began to shake and writhe violently, in thrashing spasms and seizure-like movements.” Smith’s arms moved against the gurney’s straps, his head raised, and then he collapsed back. This “shaking went on for at least two minutes” until he began taking “deep gasping breaths,” with which his chest noticeably rose. A corrections officer checked on Smith at 8:08 p.m. when his breathing was no longer visible. At 8:15 p.m., the curtains were closed and Smith was pronounced dead at 8:25 p.m