Davidson County Chancellor Says Eyelash Test Meets Constitutional Standards

Chancellor Claudia Bonnyman ruled Wednesday the state’s new execution protocol, which requires the warden to brush the inmate’s eyelashes and call out the inmate’s name, is sufficient to ensure the inmate is properly anesthetized prior to the administration of the lethal drugs. In spite of statements from anesthesiologist Dr. David Lubarsky, who testified that “the prison warden would remain in the dark about the inmate’s consciousness even after performing the check… because studies of the effects of sodium thiopental show that half of patients don’t respond to ‘mild stimuli’ such as state officials propose,” Chancellor Bonnyman found the state’s new protocol addressed concerns that inmates might suffocate to death. In her ruling Bonnyman noted that, “The alternative that the state presented, the consciousness checks, seems to address the consciousness issues and the plaintiffs have not come up with an alternative or with sufficient proof that the consciousness checks do not work to significantly reduce a risk of severe pain.”

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