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Oklahoma executes Clayton Lockett
Clayton Lockett was executed in Oklahoma by a three-drug lethal injection procedure. The procedure was done poorly and Lockett woke up after the injection when he was suppose to be unconious and didn't die until 40 minutes after. All Oklahoma executions were suspended until a new protocal was made to make sure the injection was done properly. -
Declined by Supreme Court
Charles Warner and 20 other death row inmates sure state officials arguing that the use of midazalom as a drug in the execution protocol violated the eighth amendment's cruel and unusual punishment. Surpreme Court declined to grant the petition for a lower court to look at the case and Warner was executed. -
Glossip
Richard Glossip and other death row inmates petitioned the court again. -
Questioned
The question was asked, Does Oklahoma's use of midazolam as the initial drug in the execution protocol, the same initial drug used in Charles Lockett's execution, violate the Eighth Amendment's prohibition against cruel and unusual punishment? -
Decision
5-4 Decision in favor of Gross -
Reasoning behind Decision
The use of midazolam in lethal injections does not violate the Eighth Amendment. The court ruled that there is no clear evidence that the use of midazolam was the drug in the execution protocol was a significant risk of causing severe pain. -
Aftermath
Justice Sotomayor joined by Justice Breyer, Justice Ginsburg, and Justice Kagan argued argued that there is no requirement that petitioners for relief under the Eighth Amendment provide a reasonable alternative, because a cruel method of execution does not become constitutional simply due to a lack of alternatives
