Execution Suspended After Montville Drug Maker Sues Nevada

MONTVILLE, NJ — In what appears to be an unprecedented ruling, a Nevada execution has been suspended after Montville-based pharmaceutical company Alvogen sued the state of Nevada, saying they don't want one of their drugs used in an execution, multiple reports say.

"The execution, which was ordered by the court, will not take place until further notice," the Nevada Department of Corrections said in a statement.

The execution of Scott Raymond Dozier, a convicted murderer, was put on hold after the drug company objected to the use of midazolam in lethal injection executions, the Daily Record reported. Clark County District Court Judge Elizabeth Gonzalez approved the delay. This is the first time a drug company has succeeded in delaying an execution through a lawsuit; previous, similar lawsuits in other states have been unsuccessful.

Alvogen argued that Nevada officials misled the company about their intended use when they bought the drug, denying the company the right to avoid doing business with the state, the Las Vegas Sun reported. An attorney for the company said that had they been aware it would be used in an execution, they would not have made the sale (midazolam is generally used as a surgical sedative).

The company said they don't have a stance on the death penalty, but using midazolam to cause death goes against the drug's intended use.

Nevada used to use a generic version of Valium in executions, but switched to midazolam when they depleted their stocks.

Unusually, Dozier has asked to die and said he doesn't care how painful it is, Time reported. He has previously said he'd be fine being shot to death.

The execution was scheduled to take place on July 11 at 8 p.m., but has been suspended indefinitely. It's not clear how quickly the case might be resolved, and its not atypical for executions to be delayed multiple times as lawsuits over methods are resolved.

Dozier was sentenced to death for a 2002 murder, where he shot and dismembered 22-year-old Jeremiah Miller, the DOC said. During that investigation, police found a second victim of Dozier's buried in the Arizona desert.

Image: A stock photo of medical vials, not midazolam, via Shutterstock.