Judge dismisses lawsuit over upcoming lethal injection

MONTGOMERY, Ala (AP) — A federal judge has dismissed an inmate’s claim seeking to block his upcoming execution in Alabama because of reported problems at a recent lethal injection. The judge on Sunday granted Alabama’s request to dismiss the lawsuit brought by Kenneth Eugene Smith, agreeing that Smith waited too late to file the challenge. However, the judge also warned Alabama’s prison commissioner to strictly follow established protocol when officials attempt to put Smith to death next month. Smith is set to be executed by lethal injection Nov. 17  after being convicted in the murder-for-hire killing of 45-year-old Elizabeth Dorlene Sennett.