Nebraska cleared to carry out America’s first fentanyl execution, judge says

The latest headlines from our reporters across the US sent straight to your inbox each weekday Your briefing on the latest headlines from across the US Your briefing on the latest headlines from across the US SIGN UP I would like to be emailed about offers, events and updates from The Independent. Read our privacy policy A federal judge rejected a drug company's request on Friday to block Nebraska from using its products in an execution next week, clearing the way for the state to carry out its first lethal injection and the country's first execution using the powerful opioid fentanyl. Nebraska officials also pushed back against the company's arguments that it would "suffer great reputational injury" if its drugs are used, saying that only the company's own lawsuit drew attention to its potential involvement. "Lethal substances used in a lethal injection execution are difficult, if nearly impossible, to obtain," Scott Frakes, director of Nebraska's Department of Correctional Services, said in an affidavit filed in federal court. The case echoed a similar legal action a drug company filed last month in Nevada, which wound up stopping what would have been the country's first execution relying on fentanyl just hours before it was set to take place.​ Alvogen, the pharmaceutical firm, accused Nevada officials of "illegitimately" acquiring its drug midazolam, a sedative that has become controversial for its use in executions.