JEFFERY LEE v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS WARDEN, HOLMAN CORRECTIONAL FACILITY
June 8, 2026·2:25-cv-00680-ECM·Per Curiam·By James Taylor
The Eleventh Circuit reversed the district court's ruling on the constitutionality of Alabama's nitrogen hypoxia execution protocol. The court found that the protocol presents a substantial risk of serious harm.
Jeffery Lee, an inmate under sentence of death, challenged Alabama’s nitrogen hypoxia execution protocol under the Eighth Amendment. The district court ruled against him, leading to this appeal.
The court’s reasoning
The court held that the nitrogen hypoxia protocol presents a substantial risk of serious harm, as it causes severe pain over and above death itself. The court emphasized the need to evaluate the protocol against a feasible alternative method of execution.
What it means going forward
The ruling requires the district court to evaluate whether execution by firing squad is a feasible alternative to nitrogen hypoxia.
