- Associated Press - Wednesday, December 17, 2014

MONTGOMERY, Ala. (AP) - Alabama has asked a federal judge to dismiss an inmate’s lawsuit challenging the state’s new lethal injection drug combination as cruel and unusual punishment.

Lawyers for the state said courts in Florida have upheld the use of a similar drug combination.

U.S. Magistrate Judge William Cassidy gave lawyers until late January to file briefs on why the case should or shouldn’t go forward.

Inmate Christopher Lee Price argues that the first drug, midazolam hydrochloride, won’t stop him from feeling the pain of the next two drugs that stop his heart. Price said the drug was used in botched executions in other states

Lawyers for Alabama said other courts determined the drug will make an inmate unconscious.

Alabama hasn’t executed an inmate since 2013 because of an execution drug shortage.

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