The American Civil Liberties Union of Nebraska [advocacy website] filed a lawsuit [complaint, pdf] on Monday on behalf of state Senator Ernie Chambers [official profile] and social justice advocate Reverend Stephen Griffith challenging the state’s lethal injection procedures. The civil rights organization claims that the Nebraska Department of Correctional Services (NDCS) [official website] adopted a “flawed protocol” last year that did not receive adequate review from the public. The ALCU further maintains that the protocol violated the due process clause [text] of the Nebraska Constitution.

This lawsuit coincides with Nebraska’s preparation for the state’s first execution in more than two decades. It seeks to halt [Lincoln Journal Star report] executions and follows the complaint that was submitted by Chambers last week. The complaint claims that the Department’s lethal injection protocols “violated federal drug laws and constitutional prohibitions against cruel and unusual punishment.”

The NDCS defended the protocols and gave Director Scott Frakes more freedom to choose the drugs used in executions. The Department’s staff did not produce any earlier drafts of the protocol, which is what the ACLU alleges constitutes a lack of due process.