State wants lawsuit over McGuire execution dismissed

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COLUMBUS, Ohio (AP) – The state is asking a federal judge to dismiss a lawsuit filed by the family of a condemned inmate who repeatedly gasped and snorted during his January execution.

The lawsuit alleges executed prisoner Dennis McGuire endured needless pain and suffering during his 26-minute execution on Jan. 16.

The state argued in a court filing Tuesday that the lawsuit was improperly filed since McGuire’s son isn’t arguing any violations of his own constitutional rights.

The state also says the lawsuit failed to list specific acts that members of the execution team committed that amounted to constitutional violations.

The Department of Rehabilitation and Correction has denied McGuire suffered but has also changed its policy to boost the dosages of execution drugs used in the future. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others and keep the conversation on topic and civil. If you see an inappropriate comment, please flag it for our moderators to review.

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