New claim for hedonic damages?

On Tuesday, a federal judge in Columbus, Ohio delayed the execution of cult leader Jeffrey Lundgren on the basis that the lethal injection would cause the prisoner pain and suffering because he is overweight and diabetic. Similar lawsuits filed in Missouri, Delaware and New Jersey have led to the halting of other executions. Lundgren has joined four other inmates in a lawsuit that argues the way chemicals are administered in lethal injections makes is painful enough to be cruel and unusual punishment and in violation of the constitution.