Georgia judge says lethal injection doesn't violate rights of man on death row, avoids firing squad question

Views of a repainted dorm that houses inmates at Fulton County Jail on Friday, July 12, 2024. (Matthew Pearson/WABE)

A federal judge has ruled against a man on Georgia’s death row who argued that lethal injection could cause him excruciating pain and suggested a firing squad as an alternative.

Michael Wade Nance argued that because of his medical history an injection of the sedative pentobarbital, the only execution method authorized in the state, could cause him severe pain in violation of his constitutional rights. U.S. District Judge J.P. Boulee ruled Thursday that Nance had failed to prove that and, as a result, Boulee didn’t weigh in on whether a firing squad is a feasible alternative.

Anna Arceneaux, a lawyer for Nance, on Friday declined to comment on the ruling but said they plan to appeal. The case was originally filed in January 2020 and has already been up to the U.S. Supreme Court once before.