Judge Refuses to Block Nation’s 3rd Scheduled Nitrogen Execution

This undated photo provided by the Alabama Department of Corrections shows Carey Dale Grayson, one of the state's death row inmates who asked to have his execution carried out by nitrogen gas. Alabama Department of Corrections via AP

MONTGOMERY, Ala.—A judge has refused to stop the nation’s third scheduled execution by nitrogen gas that is set to take place in Alabama later this month.

U.S. District Judge R. Austin Huffaker Jr. on Wednesday denied a preliminary injunction request to block Alabama from executing Carey Dale Grayson on Nov. 21 using the same nitrogen gas protocol. The judge said Grayson failed to meet the high legal burden of showing that he is likely to prevail on his claim that the method is unconstitutionally cruel.