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FORGOTTEN HISTORY: Alabama ag settles lawsuit over nitrogen gas execution method - Caught on Camera

Alabama's lethal injection chamber at Holman Correctional Facility in Atmore, Ala., is pictured in this Oct. 7, 2002 file photo. Alabama will be allowed to put an inmate to death with nitrogen

The office of Alabama’s attorney general has reached a settlement in a federal lawsuit filed by death row inmate Alan Miller regarding the state’s plan to execute him using nitrogen gas. The terms of the settlement are confidential, and the lawsuit has been dismissed with prejudice, preventing it from being brought again.

Miller's execution is scheduled to take place between September 26 and 27. He had challenged the state’s nitrogen hypoxia protocol, arguing that it could lead to undue suffering, violating his Eighth Amendment protections against cruel and unusual punishment.

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