Kleinheider has the story and the text of the order enjoining the state from executing Edward Jerome Harbison by lethal injection.
For the reasons stated herein, the court finds that the plaintiff’s pending execution under Tennessee’s new lethal injection protocol violates the Eighth Amendment to the United States the court finds that the plaintiff’s pending execution under Tennessee’s new lethal injection protocol violates the Eighth Amendment to the United States Case 3:06-cv-01206 Document 147 Filed 09/19/2007 Page 55 of 56 Constitution. The new protocol presents a substantial risk of unnecessary pain; that risk was know to Commissioner Little, and yet disregarded. Accordingly, the court will enter judgment in favor of the plaintiff and enter injunctive relief against the defendants, barring them from executing the plaintiff under the new protocol.
