Oklahoma will resume executing its death row inmates after a federal judge ruled that its lethal injection protocol is constitutional, ending a moratorium that began in April.

Federal Judge Stephen P. Friot ruled that there was nothing wrong with Oklahoma's lethal injection protocol as it had been used before in trouble-free executions in other states. 

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There was a reprieve on executions in the state after the botched April 29 lethal injection of Clayton Lockett, who gasped and writhed on the gurney for 43 minutes before succumbing to a sequence of administered drugs. The three-drug mixture was supposed to have ended Lockett's life painlessly in 15 minutes.

The decision essentially denied a request for a preliminary injunction by a group of Oklahoma death row inmates who argued that the state's drug combination amounts to cruel and unusual punishment.

In the middle of everything (and the first drug administered in the state's three-drug combo) is midazolam, a sedative first used in Oklahoma in Lockett's execution but has been used successfully in dozens of executions in other states. It was substituted for barbiturates which have become difficult for states to obtain for executions.

Oklahoma's lawyers contend that it was not the drug mixture that caused the problematic execution but a simple problem of an improperly set and badly monitored intravenous line which prevented the lethal drugs from being injected directly into the blood.

"The plaintiffs have failed to present a known and available alternative," said Judge Friot.

A lawyer for the inmates said they will appeal the decision and reiterated their concern about the use of the drug midazolam, saying the drug cannot be counted on reliably to block out agonizing pain when the next two drugs are administered.

With the resumption of executions, Oklahoma's Department of Corrections announced it is planning to move forward with the lethal injection of an inmate on Jan. 15. It said three other lethal injections are scheduled until Mar. 15.

TagsOklahoma, Clayton Lockett, lethal injection, midazolam, executions