The United States Supreme Court found that the risk of improper administration of Kentucky's method of execution does not constitute cruel and unusual punishment because it does not impose an objectively intolerable risk to the condemned inmate.
Baze v. Rees, 128 S. Ct. 1520 (2008).
John P. Cawley,
Kentucky's Lethal Injection Protocol Satisfies the Eighth Amendment's Prohibition against Cruel and Unusual Punishment: Baze v. Rees,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol47/iss2/10