Federal Judge Reopens Lawsuit on Louisiana’s Execution Protocol
Decade-long litigation by PJI and partners paused executions, now challenges gassing method
Today, a federal judge reopened a court challenge to the State’s procedures for carrying out executions. Attorneys from the Promise of Justice Initiative and the Center for Social Justice at Loyola petitioned the Court last week to reopen the 2012 case on behalf of individuals on Louisiana’s death row in light of Governor Landry’s sudden recent moves to start executions using nitrogen gassing. Chief District Judge Shelly D. Dick of the Middle District of Louisiana granted the motion today to reopen litigation in Hoffman v. Jindal (Civil Action 12-796-SDD-EWD).
“By rolling out a new, untested execution method for the first scheduled executions in 15 years, Governor Landry and corrections officials are actively moving to violate our clients’ constitutional right to be free of cruel and unusual punishment,” said Samantha Pourciau, Senior Staff Attorney at the Promise of Justice Initiative. “Judge Dick’s ruling to reopen this case is an indication that the Governor will be held accountable when his actions cross the line. The Promise of Justice Initiative and our partners will continue fighting for the civil rights of the individuals on Louisiana’s death row.”
In her ruling, Judge Dick found that “extraordinary circumstances” warrant a reexamination of the challenge, saying the case “is still about Louisiana’s execution protocol” despite the state shifting from lethal injection to nitrogen gassing. The court stated that the “significant demands of justice, i.e., access to the courts and the protection of constitutional rights in relation to human life” outweigh the opposing interest of finality. Within hours of the Court’s ruling, Plaintiffs filed a request for a status conference with the Court to discuss next steps, including timing for amended pleadings, briefing of a motion for a preliminary injunction, and expedited discovery.
“We reject Governor Landry’s reprehensible moves to start executions using nitrogen gassing,” said Lauren Sapp, Deputy Director of the Promise of Justice Initiative. “At the same time, we are glad that this gruesome and experimental method of execution will be reviewed by a federal judge in Louisiana. As the State shrouds its execution procedures in secrecy, our goal is to ensure that the court has a full and fair opportunity to evaluate whether the new protocol is consistent with the Constitution.”
This lawsuit contributed to the pause in executions from 2012 until its dismissal in 2022 when Judge Dick agreed that “the [Louisiana Department of Public Safety & Corrections] was unable to obtain the drugs necessary to carry out lethal injection for the foreseeable future.” Louisiana officials have struggled to obtain lethal injection drugs due to the unwillingness of pharmaceutical companies to supply the drugs for the purpose of ending a life. Following the special legislative session on crime in early 2024, the state may now execute people by lethal injection, nitrogen gassing, and the electric chair. The special session bill adding nitrogen gassing as a form of execution encountered strong resistance from religious leaders and advocacy groups, including a coalition called Jews Against Gassing.
For a complete history of Hoffman v. Jindal, go to the Civil Rights Litigation Clearinghouse summary.
Learn more about the death penalty and executions in Louisiana here.
From Chief Judge Dick’s ruling:
“In light of Louisiana’s state law now providing new methods of execution, a new protocol addressing death by nitrogen hypoxia, and the state court’s definitive actions of issuing death warrants, the Court finds that Plaintiffs have established extraordinary circumstances. The significant demands of justice, i.e., access to the courts and the protection of constitutional rights in relation to human life, outweigh any interest of finality here, particularly when the court had not reached the merits of Plaintiff’s Complaint. Based on the facts presented, a denial of Plaintiffs’ Rule 60(b) motion would constitute manifest injustice.... This case has always been about Louisiana’s execution protocol. It is still about Louisiana’s execution protocol. And now that the protocol appears viable, there is an actionable case and controversy.”
Background
Louisiana’s death penalty has been plagued by systemic problems. Since 1976, 4 out of 5 death sentences in Louisiana have been overturned on appeal. Research by legal advocates has shown that the application of the death penalty in Louisiana is rife with significant racial disparities, widespread evidence of intellectual disability, and misconduct by prosecutors that has resulted in innocent people being sentenced to death. The death penalty has been overwhelmingly imposed on people of color, and 2 out of 3 people on death row today are Black, including men sentenced to death by all-white juries who openly discussed race during their deliberations. Learn more at www.promiseofjustice.org/deathpenalty.