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Tuesday’s lawsuit in Davidson County Chancery Court claims these drugs haven’t been used yet in Tennessee but present a substantial risk of serious and severe pain and suffering and were used in botched executions in other states.
The lawsuit could delay one man’s Aug. 9 execution and sidetrack eight proposed executions requested before June by Attorney General Herbert Slatery, who has said it’s uncertain whether officials can get lethal injection chemicals after that.
In a previous filing, Slatery argued the U.S. Supreme Court and other federal appeals courts have rejected constitutional challenges to using midazolam as the first drug in a three-drug combination.
Tennessee last executed someone in 2009.
