MONTGOMERY, Ala. (AP) – Attorneys say an Alabama inmate was “subjected to ever-escalating levels of pain and torture” during an aborted execution.

Attorneys for Kenneth Eugene Smith argued the state violated the U.S. Constitution, various court orders and its own lethal injection protocol during the “botched” execution attempt earlier this month.  

In a federal court filing, attorneys wrote that Smith was strapped to a gurney despite a court-issued stay being in place.

The state canceled the execution for the night after being unable to establish IV access.

The state has blamed late court action for the execution being halted.