NDOC Manipulating the System to Gloss Over Constitutional Concerns with Experimental Execution Protocol

LAS VEGAS—Shame on the Nevada Department of Corrections for trying to create an end run-around the Nevada judicial system.

In early November, a Nevada District Court enjoined NDOC from using a paralytic during a planned execution, finding that use of the drug could lead to a torturous, unconstitutionally cruel death. NDOC immediately requested a stay of execution in order to appeal the ruling to the Nevada Supreme Court.

Yet, instead of appealing the ruling and following the normal judicial process, the Department of Corrections is going to ask the Court on Tuesday at 9 a.m. – almost a month later – to rescind its own ruling. NDOC is claiming that Mr. Dozier waived his objections to the paralytic because of his desire to be executed swiftly. However, Mr. Dozier’s purported concerns only exist because of NDOC’s request for a stay.

ACLU of Nevada Legal Director Amy Rose said:

“It is reprehensible that the Department of Corrections and the Clark County District Attorney are trying to manipulate a prisoner into ignoring concerns that the state’s experimental execution protocol may be cruel and unusual punishment. NDOC created this problem, and now it’s trying to game the justice system instead of justifying its action in court. We hope the court recognizes the Constitution doesn’t go out the window because an inmate asks to be killed.”