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The U.S. Supreme Court ruled two weeks ago that the most common form of lethal injection was constitutional; however inmate Jack Adlerman has sued on the grounds that the dosages used by the Georgia are not sufficient to prevent a painful death.

Lawyers for Alderman and the state asked a federal judge to rule on the lawsuit without a trial.

The Atlanta Journal-Constitution said Alderman contends that the state's executioners don't administer enough of the first of the three-part injection, sodium pentothal, which is supposed to sedate the doomed prisoner while the lethal drugs are administered.

Alderman's lawyers said in court documents the stingy dosage is "wholly insufficient to render an inmate properly anesthetized."

The state has insisted that its dosages are well tested and used in 34 other states.

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