A lawsuit has been on behalf of the estate of Clayton Lockett, an Oklahoma inmate that was executed in April, against the governor of Oklahoma, the director of the state’s department of corrections, and several others this week, according to NBC News. The lawsuit alleges that botched execution violated Lockett’s constitutional rights against cruel and unusual punishment. Lockett, whom was sentenced to death for the rape and murder of a woman in 1999, was alive for 43 minutes after he was injected with Midazolam. Two other cases involving its use in lethal injections, in which one inmate took two hours to die and the other 25 minutes, seem to show a history of problems for the drug.

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