Nebraska AG sues lawmakers to block subpoena of prisons head

Posted By: Channel 8 Eyewitness News

LINCOLN, Neb. (AP) _ Nebraska’s attorney general is suing 16 state lawmakers to prevent the state corrections director from having to testify before a committee about his department’s lethal injection protocol.

Attorney General Doug Peterson filed the lawsuit Tuesday on behalf of Nebraska Department of Correctional Services Director Scott Frakes.

The lawsuit seeks to block a subpoena issued by the Legislature’s Judiciary Committee following a complaint by state Sen. Ernie Chambers, of Omaha, a fervent death penalty opponent.

Chambers alleges that the department’s new execution protocol is unconstitutional and questions whether state officials followed the correct procedures for putting it into place.

The complaint came as state officials try to begin the process required to execute two of Nebraska’s 11 death row inmates.

The lawsuit alleges that the subpoena to testify is unlawful.