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Trial regarding death penalty litigation underway
By montgomeryadvertiser.com- Kelsey Davis
Published: 01/13/2016

Attorneys involved in Thomas Arthur's case, which challenges Alabama's death penalty protocol, began the final stage in a four and a half long litigation process on Tuesday is U.S. District Court for the Middle District of Alabama.

Arthur is a death row inmate who was convicted in 1982 in a murder-for-hire scheme. The litigation began in 2011 when attorney Suhana Han filed suit against Jefferson Dunn, Commissioner of Alabama Department of Corrections, Walter Myers, Warden of Holman Correctional Facility, and others Arthur's behalf, arguing that Alabama's current death penalty protocol is cruel and unusual.

His complaint alleges three primary issues: that midazolam, the first drug used in Alabama’s three drug lethal injection protocol, does not properly anesthetize before the second and third drugs are administered, which could violate his eighth amendment rights by causing cruel and unusual pain.

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