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Nebraska court rejects lethal injection protocol challenge

LINCOLN, Neb. (AP) — The lethal injection protocol that was used to execute a Nebraska prisoner last year has survived a legal challenge from death penalty opponents who had hoped to overturn it to prevent the state from carrying out capital punishment.

The Nebraska Supreme Court sided Friday with state officials who adopted the new protocol in 2017 to allow the state to resume executions.

Death penalty opponents, including state Sen. Ernie Chambers, alleged in their lawsuit that officials created the protocol without following the necessary state laws and procedures.

The new protocol gives the state corrections director broad authority to decide which drugs to use in executions and how to obtain them.

Nebraska’s previous protocol called for three specific drugs, including some that state officials weren’t able to get.

Associated Press

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