COLUMBUS (AP) — The state is asking a federal judge to dismiss a lawsuit filed by the family of a condemned inmate who repeatedly gasped and snorted during his January execution.
The lawsuit alleges executed prisoner Dennis McGuire endured needless pain and suffering during his 26-minute execution Jan. 16.
The state argued in a court filing Tuesday that the lawsuit was improperly filed since McGuire’s son isn’t arguing any violations of his own constitutional rights.
The state also says the lawsuit failed to list specific acts that members of the execution team committed that amounted to constitutional violations.
The Department of Rehabilitation and Correction has denied McGuire suffered but has also changed its policy to boost the dosages of execution drugs used in the future.