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Judge tosses inmate's suit filed after execution drug issue
By onlineathens.com- Kate Brumback
Published: 08/11/2015

ATLANTA | A federal judge on Monday dismissed a lawsuit filed by lawyers for a Georgia death row inmate that claimed the state violated their client's constitutional rights by subjecting her to cruel and unusual punishment.

Kelly Gissendaner was scheduled for execution at 7 p.m. March 2. Corrections officials told reporters about 11 p.m. that night that they were postponing the execution "out of an abundance of caution" because the lethal injection drug appeared "cloudy." Corrections officials the next day announced a temporary suspension of executions until they could analyze the drug.

Gissendaner's lawyers filed a complaint a week later saying she had suffered 13 hours of anxiety before that announcement, not knowing whether the state would proceed with her execution and what drugs it might use. Her lawyers also argued that the problem with the lethal injection drug means she could be subject to cruel and unusual punishment when her execution date is rescheduled.

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