“Allegations of pain related to difficulty achieving intravenous access do not amount to cruel and unusual punishment,” the state has argued in its court filing. Alabama Death Row inmate Kenneth Eugene Smith survived an execution attempt last November.
Kenneth Smith is on Alabama's Death Row for the killing of Elizabeth Sennett .The Alabama Attorney General’s Office is asking a judge to dismiss a federal lawsuit from Alabama Death Row inmate Kenneth Eugene Smith, who was set to be executed in November but didn’t die after the clock struck midnight before prison officials were able to complete his lethal injection procedure.
On Monday, Alabama AG Steve Marshall’s office filed a motion to dismiss Smith’s court case in the Middle District of Alabama. An assistant attorney general and deputy solicitor general argued in the filing, “Nearly thirty-five years after he took the life of his victim, Smith continues his attempt to avoid the sentence he earned.”
. A judge agreed, and ordered Smith’s attorneys be able to visit him and that the state preserve evidence. In Monday’s filing, the AG’s Office said Smith’s various legal arguments are moot or barred and that he failed to state a claim “because the facts he alleges do not rise to the level of an Eighth Amendment violation.”“An ‘attempted’ execution plainly is not a constitutional violation,” the filing states.
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