Federal judge halts nitrogen gassing execution of Jessie Hoffman
Court ruling bars State from proceeding with March 18 execution pending the litigation
Today, a federal judge granted a preliminary injunction that prevents the State of Louisiana from carrying out its scheduled execution of Jessie Hoffman using nitrogen gas suffocation. The ruling is the first time an execution by “nitrogen hypoxia” has been successfully challenged in federal court on constitutional grounds, with the judge finding that Mr. Hoffman has a likelihood of prevailing on the claim that this method amounts to cruel and unusual punishment prohibited by the 8th Amendment.
“Jessie Hoffman, like all of us, is protected by the Constitution against torture,” said Samantha Kennedy, Executive Director of the Promise of Justice Initiative. “We are glad that after the Court heard our concerns and reviewed the evidence offered about the severe cruelty of gas suffocation as a method of killing, it concluded that gassing a human to death is an incredible enough issue that it is worthy of a trial.”
The ruling follows an expedited March 7 evidentiary hearing that included arguments and evidence presented on Mr. Hoffman’s motion for a preliminary injunction and expedited discovery. Mr. Hoffman asked the court to stop his execution until the court could ensure that the execution will not violate his constitutional rights. In granting the motion, Judge Dick found that there is a likelihood that Mr. Hoffman’s 8th Amendment claim will ultimately be successful.
“The Court finds that Plaintiff has clearly shown that he is substantially likely to prove that nitrogen hypoxia poses a substantial risk of conscious terror and psychological pain," said Chief District Judge Shelly Dick in the ruling (page 19).
Immediately following the release of this ruling, the State appealed to the Fifth Circuit Court of Appeals. According to Louisiana law, following the issuance of a stay, the Louisiana state trial court must set a new execution date between 30-45 days from the end of litigation or lifting of the stay.
The State informed Mr. Hoffman on February 20 that he will be killed using nitrogen gas, a new, experimental method. On February 25, attorneys from the Promise of Justice Initiative filed this suit, Hoffman v. Westcott (Civil Action No. 25-169), on behalf of Mr. Hoffman challenging the State’s procedures for carrying out executions using nitrogen gassing. Nitrogen gassing has been used only four times, all in Alabama, and has resulted in gruesome, drawn-out deaths for those executed.
Learn more about the death penalty and executions in Louisiana here.
LINKS:
· Court ruling granting the preliminary injunction (3/11/25)
· Federal lawsuit complaint in Hoffman v. Westcott