# Judge halts Louisiana’s first death row execution in 15 years

Jessie Hoffman Jr was granted motion to block his killing by nitrogen hypoxia, which state AG has said will be appealed

A federal judge has temporarily halted  first death row  using nitrogen gas scheduled to take place next week.

US district court judge Shelly Dick issued a preliminary injunction on Tuesday, stopping the state from immediately moving forward with the execution – which would have been Louisiana’s first in 15 years. Liz Murrill, Louisiana’s attorney general, said the state will immediately appeal the decision.

Last month,  filed a lawsuit against the state and sought to block his 18 March execution date. During a hearing last week, attorneys for Hoffman argued that the execution method of nitrogen hypoxia is cruel and unusual punishment under the US constitution and infringes on Hoffman’s freedom to practice his religion, specifically Buddhist breathing and meditation exercises.

They also said the method, which involves an industrial, full-face mask, will ignite and worsen his diagnosed post-traumatic stress disorder and claustrophobia, causing mental torture.

Attorneys for the state argued that nitrogen hypoxia has proven to be successful in Alabama, saying the method is seemingly painless and an approved method under Louisiana law.

Republican officials including Jeff Landry, the governor, and Murrill say the state is long overdue in delivering justice that has been promised to the families of victims.

 was convicted of the 1996 murder of Mary “Molly” Elliott in New Orleans.

Murrill told the Associated Press last month that she expects at least four people will be executed this year. There are 56 people on Louisiana’s death row.

Louisiana is following in the footsteps of , which has executed four people using nitrogen gas. During last week’s hearing, state officials described Louisiana’s execution protocol using nitrogen gas to be nearly identical to Alabama’s.

Under the protocol, the subject is strapped to a gurney and forced to breathe pure nitrogen gas through a mask placed on their face, depriving them of oxygen.

In Tuesday evening’s order, Dick sided with Hoffman, stating he had “clearly shown that he is substantially likely to prove that nitrogen hypoxia poses a substantial risk of conscious terror and psychological pain”.

Cecelia Kappel, an attorney on Hoffman’s legal team, said the ruling had “recognized the significant risks to Jessie Hoffman’s constitutional rights posed by Louisiana’s new and untested lethal gas execution method”.

Kappel added: “This order gives everyone a chance to have a full trial on the merits before Jessie is executed, and we look forward to the opportunity to continue presenting the court with evidence proving that this method risks inflicting torture on Jessie at the time of his death.”

_Oliver Laughland contributed reporting_

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