MONTGOMERY, Ala. (AP) — A federal judge on Thursday declined to halt an upcoming nitrogen gas execution in Alabama, stating the inmate was unlikely to succeed on claims that this execution method, previously employed multiple times, is unconstitutionally cruel.

Chief U.S. District Judge Emily Marks turned down Anthony Boyd’s request to prevent his scheduled Oct. 23 execution. Marks noted that Boyd had not satisfied the legal requirements necessary for the “extraordinary remedy of a preliminary injunction.” Boyd’s lawyers are appealing this decision.

Last year, Alabama began executing some inmates using nitrogen gas. This method involves a gas mask to replace breathable air with pure nitrogen gas, leading the inmate to die due to oxygen deprivation.

Boyd, aged 53, argued that the method contravenes the Eighth Amendment because it causes inmates “conscious suffocation” and subjects them to the pain and terror associated with oxygen deprivation. He suggested that a firing squad or an oral mixture of lethal drugs administered by a medical professional would be preferable alternatives.

“The Court does not doubt that a person consciously deprived of oxygen even for two minutes under the Protocol experiences discomfort, panic, and emotional distress,” Marks noted in her decision.

But she added that the U.S. Constitution “does not guarantee Boyd a painless death” and that the fear of impending death is part of every execution.

The ruling followed a hearing last month focusing on how long an inmate remains conscious during a nitrogen execution and elucidating the reasons behind the noticeable shaking and gasping movements seen in those executed by this method.

The protocol requires prison officials to keep the nitrogen flowing for at least 15 minutes or five minutes after monitoring shows the inmate no longer has a heartbeat. The state indicated in court records that the first five inmates executed by nitrogen gas died at times ranging from 16 to 23 minutes after the nitrogen gas began flowing, Marks wrote.

A jury convicted Boyd of capital murder for his role in the 1993 killing of Gregory Huguley in Talladega. Prosecutors said Huguley was burned to death after he failed to pay for $200 worth of cocaine.

A prosecution witness testified as part of a plea deal that Boyd taped the victim’s feet before another man doused him with gasoline and set Huguley on fire.

Boyd has maintained he did not commit the 1993 murder. His supporters have launched a billboard campaign urging the state to halt the execution.

You May Also Like

Xavier Becerra refuses to endorse Karen Bass as two appear at same rally

Xavier Becerra Declines to Endorse LA Mayor Karen Bass at Rally

California gubernatorial candidate Xavier Becerra appeared reluctant to endorse Los Angeles Mayor…
Supreme Court rejects Trump's effort to force California to separate mail ballots from alleged noncitizens

Supreme Court Rejects Trump Bid to Separate California Mail Ballots

Washington — The Supreme Court on Monday rejected a last-minute bid by…
Poland's constitutional crisis deepens as Prime Minister Tusk faces accusations of power grab

Poland’s Constitutional Crisis Deepens as PM Donald Tusk Faces Power Grab Accusations

A late-night clash at Poland’s Constitutional Tribunal on Friday, involving riot police…
Governor race winners 2026: All the results across 36 elections

2026 Governor Race Results: Winners Across All 36 Elections

The 2026 midterm elections will feature 36 gubernatorial races, with voters determining…
UCLA spent $220K on emergency stockpile of drones and ammo

UCLA Spent $220K on Emergency Stockpile of Drones, Ammunition

The UCLA Police Department spent more than $220,000 on drones and less-lethal…
Austin tech founder killed with wife and children in Florida jet crash had reached a $10M business milestone

Austin Tech Founder, Family Killed in Florida Jet Crash at $10M Mark

Adam Robinson, an Austin technology entrepreneur who died with his wife and…
How Wall Street analysts think the midterms could affect the stock market

How Wall Street Expects the Midterms to Move Stocks

The midterm elections could alter the balance of power in Congress as…
NYC Marathon runner Rachel Apa dies after collapsing in Central Park two miles from finish line

NYC Marathon Runner Rachel Apa Dies After Collapsing Near Finish

A 24-year-old runner died after collapsing in Central Park, just two miles…
What is rhabdo? Sudden exercise complication that killed NYC marathoner

Rhabdomyolysis Explained: Rare Exercise Complication Linked to NYC Marathon Runner’s Death

A young, otherwise healthy New York City marathon runner died hours after…
MICHAEL RUIZ: Idaho college massacre survivor says family moved 9 times as strangers followed them

Idaho Massacre Survivor Says Family Moved 9 Times to Escape Stalkers

The University of Idaho student massacre survivor who encountered a masked man…
Illegal immigrant accused of violent attempted murder, kidnapping of a minor was released under Biden admin

Biden Released Migrant Accused of Attempted Murder, Child Kidnapping

A 23-year-old man is facing multiple charges after Baltimore investigators accused him…
Ex-West Point cadet sued for secretly drugging pregnant girlfriend with abortion pills

Former West Point Cadet Sued for Allegedly Drugging Pregnant Girlfriend

A former West Point cadet who acknowledged secretly drugging his pregnant girlfriend…