MONTGOMERY, Ala. — A federal judge permanently blocked Alabama from using nitrogen gas to execute death row inmate Jeffery Lee, ruling Tuesday that the method poses an unconstitutional risk of severe pain, according to court documents.
U.S. District Judge Emily C. Marks issued the ruling hours after a federal appeals court panel raised concerns about the nitrogen hypoxia protocol and sent part of the case back for further review. Lee, 49, had been scheduled for execution on Thursday at Holman Correctional Facility.
The decision found that the method, which involves forcing the inmate to breathe pure nitrogen through a mask until death from oxygen deprivation, presents a substantial risk of serious harm beyond death itself, including prolonged air hunger and distress lasting one to three minutes. Marks approved Lee's proposed alternative of a firing squad as feasible.
Alabama has used nitrogen gas in eight executions since first employing the method in 2024. Lee's attorneys argued it causes excessive suffering, citing witness accounts from prior procedures. The state maintained the protocol is constitutional and humane.
"The overall suffering described by the district court, which lasts for one to three minutes, presents a substantial risk of serious harm over and above death itself," the appeals court panel wrote in its Monday decision.
Marks permanently enjoined the state from executing Lee by nitrogen gas but noted that other authorized methods, such as lethal injection or the electric chair, remain available. The ruling applies specifically to Lee's case.
Lee was convicted in 1998 of two counts of capital murder in the robbery and shooting deaths of pawn shop owner Jimmy Ellis and employee Elaine Thompson in Dallas County. A jury recommended life imprisonment, but a judge overrode that and imposed a death sentence, a practice later banned in Alabama.
Alabama Attorney General Steve Marshall's office said it is reviewing the decision and considering next steps, including an appeal. A spokeswoman for Lee's legal team had no immediate comment.
The case is the latest challenge to nitrogen executions, which have drawn scrutiny from some U.S. Supreme Court justices and international observers over potential pain and suffering. Death penalty opponents welcomed the ruling.
As of Tuesday evening, Lee's execution remained on hold pending further legal proceedings. The Alabama Attorney General’s Office did not immediately respond to requests for additional comment. Further details on the state's appeal timeline were not available.
