NASHVILLE, Tenn. (WTVF) — Attorneys representing Tennessee death row prisoners are asking a Davidson County judge to let them expand an ongoing lawsuit challenging the state’s lethal injection protocol, citing two failed execution attempts this year.
In filings submitted Thursday, attorneys asked the Davidson County Chancery Court for permission to file a supplemental complaint challenging Tennessee’s 2025 lethal injection protocol.
The attorneys argue that developments since the original lawsuit was filed in March 2025 — including the failed executions of Tony Carruthers in May and Christa Pike in September — provide new evidence supporting claims that the protocol creates an unconstitutional risk of severe pain.
The state has previously sought to dismiss the lawsuit, arguing in part that the prisoners’ concerns were too speculative.
Attorneys for the prisoners said the failed executions undermine that argument.
“When [the plaintiffs] filed their Complaint, no one knew, with certainty, how the 2025 Lethal Injection Protocol would hold up in practice,” the motion says. “Now, however, the truth is unmistakable.”
The filing says Tennessee attempted three executions in 2026. Darrell Hines was executed Aug. 13, while the attempts to execute Carruthers and Pike were unsuccessful.
Pike survived Tennessee’s Sept. 30 execution attempt after receiving two doses of pentobarbital. She was hospitalized and later returned to prison. The Tennessee Department of Correction has not publicly said what went wrong. Gov. Bill Lee subsequently paused further executions while the state reviews the incident.
Kit Thomas, an attorney representing the death row prisoners, said the plaintiffs had previously warned that the protocol could result in failed executions.
“Our original complaint alleged that the protocol created significant risks of botched executions,” Thomas said. “Now those risks have become reality, and we need to supplement the complaint to present all available information for the court’s review.”
The proposed supplemental complaint includes additional allegations and details surrounding the Carruthers and Pike execution attempts.
The plaintiffs are scheduled to respond to the state’s motion to dismiss Nov. 2. A hearing on both motions is scheduled for Nov. 6.
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