[JURIST] The brother of Clayton Lockett, whose prolonged execution last April caused Oklahoma to suspend its death penalty to review procedures, filed a lawsuit [complaint] against the state of Oklahoma Monday. The lawsuit, filed in the US District Court for the Western District of Oklahoma [official website], contends that the execution [JURIST report], which lasted nearly 45 minutes, was a violation of Lockett’s Eighth Amendment [text] rights:

The court-ordered killing of Clayton Lockett by the Defendants as punishment for his brutal murder of Stephanie Neiman, was a violation of the Eighth Amendment to the United States Constitution, a violation of innumerable standards of international law, and a violation of elementary concepts of human decency. The barbaric spectacle was a disgrace to the People of the United States of America and brought shame to the State of Oklahoma.

The lawsuit refers to Lockett’s death as “tortured” and seeks monetary damages as well as a declaration that Lockett’s constitutional rights were violated.

Executions in Oklahoma remain on hold [Guardian report] while authorities continue to review procedures. Last month Oklahoma Governor Mary Fallin [official website] announced a series of new protocols [JURIST report] that are expected to take effect once executions resume in the state. Her announcement followed a report [text, PDF] issued by the Oklahoma Department of Public Safety [official website] detailing the findings of the investigation into Lockett’s death. Also in September the state asked a federal court to dismiss a lawsuit [JURIST reports] filed by the American Civil Liberties Union, The Guardian and The Oklahoma Observer seeking greater media access to the execution chamber.