MONTGOMERY, Ala. (AP) — Alabama has scheduled an October execution by nitrogen gas for an inmate who has an ongoing lawsuit challenging the new method as unconstitutionally cruel.

Alabama Gov. Kay Ivey on Monday set an Oct. 23 execution date for Anthony Boyd, 53. Boyd is one of four men convicted in the 1993 killing of Gregory Huguley in Talladega. Prosecutors said Huguley was burned to death after he failed to pay for $200 worth of cocaine.

Boyd's lawsuit challenges the use of nitrogen hypoxia gas as unconstitutionally cruel. He suggested a firing squad, hanging or medical aid-in-dying as better alternatives. A federal judge has scheduled a Sept. 4 hearing in the case.

Alabama began using nitrogen gas last year to carry out some executions. The method uses a gas mask to replace breatha

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