Death row inmate files federal lawsuit following ‘botched’ execution

MOBILE, Ala. (WALA/Gray News) - The man whose lawyers call “the only living execution survivor in the United States” has recently fired a lawsuit after a “botched” execution took place last month.

Death row inmate Alan Miller was set to be executed Sept. 22 for killing three people in a workplace shooting spree in 1999.

With time running out, Miller’s execution by lethal injection was called off at 11:30 p.m. after Holman Prison officials were unable to find access to his veins, but WALA reports it wasn’t for lack of trying.

In the lawsuit, Miller said he was poked and prodded for 90 minutes in what his attorneys described as a “botched” execution.

Miller’s attorneys claimed in the lawsuit medical professionals have always had issues with finding Miller’s veins, which is why he elected death by nitrogen hypoxia, a method the state of Alabama originally said could be available for use.

However, the lawsuit said Alabama Corrections Commissioner Jon Hamm said they could not carry out an execution by nitrogen hypoxia and was prepared to use lethal injection instead. The Supreme Court ultimately cleared the way for the execution.

In the lawsuit, Miller said he was “tortured” as Holman prison staff repeatedly tried to find access to his veins, first in his arms, then in his hands. The lawsuit said staff eventually tried his right foot, saying that, as they inserted the needle, it felt like “he had been electrocuted, and his entire body shook in the restraints.” It’s believed they hit a nerve.

The lawsuit said they eventually tried Miller’s arms again, before the unidentified men began “slapping the skin on his neck … Mr. Miller physically recoiled out of intense fear of the men trying to insert a needle in his neck.”

Miller’s attorneys are asking the judge to ban the state from executing him by any method other than nitrogen hypoxia after a request was made for another execution date.

Nitrogen hypoxia is a method in which an inmate would be forced to breathe only nitrogen, thereby depriving him or her of the oxygen needed to maintain bodily functions, resulting in death.

Miller’s attorneys said if Miller’s request isn’t fulfilled, it gives the state complete freedom to stab Miller with needles as many times as they can before the clock strikes midnight.

The state has until Tuesday to respond with an answer for why Miller’s motion shouldn’t be granted.

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