A federal judge has ruled that the heat levels in Texas state prisons are “plainly unconstitutional,” but has not ordered the immediate installation of air conditioning across facilities in the Lone Star State, meaning the case will likely proceed to trial.
Newsweek contacted the Texas Department of Criminal Justice for comment on Thursday via telephone and voicemail message outside of regular office hours.
Why It Matters
Texan authorities have been criticized over extreme heat in their prison system, where temperatures can routinely rise above 100 degrees Fahrenheit in the summer. Out of around 100 Texas state prison units, only about one third are fully air conditioned, according to the Associated Press.
A study published in November 2022 by researchers from Harvard, Boston and Brown universities concluded that extreme heat may have been a factor in 271 deaths in Texas prisons without full air conditioning which took place between 2001 and 2019.
What To Know
On Wednesday, U.S. District Judge Robert Pitman ruled that temperatures in many Texas state prisons reach “plainly unconstitutional” levels, violating the Eighth Amendment ban on “cruel and unusual punishments.”
The case was initially filed by Bernie Tiede, a convicted murderer whose case inspired the 2011 Jack Black movie Bernie, as a temporary injunction request and was then joined by a number of advocacy groups representing other prisoners.
The plaintiffs sought to force Texan authorities to introduce air conditioning in all their prisons, but Pitman noted this would cost “hundreds of millions, if not billions, of dollars” and couldn’t be achieved in the short term, so his ruling didn’t compel this.
An exterior view shows Allan B. Polunsky prison in Livingston, Texas, on May 25, 2022.
CECILE CLOCHERET/AFP/GETTY
Consequently, Pitman predicted the case will go to trial, where he said the plaintiffs are likely to win, leading to a court ruling mandating the installation of air conditioning.
During a court hearing in 2024, Texas Department of Criminal Justice Executive Director Bryan Collier said he would like to install air conditioning in all state prisons under his control, but doesn’t have the funds to do so.
Texan officials also noted there are “heat protocols” in place for the state’s prisons, which include making additional water and ice available, providing some cooler areas to cool off, and prioritizing those who are particularly sensitive to heat for prison accommodation.
However, Pitman concluded these measures are arbitrary and inadequate, stating that prisoners face “a substantial risk of serious harm from the extreme heat in unair-conditioned facilities.”
What People Are Saying
In his judgement, Judge Robert Pitman said: “This case concerns the plainly unconstitutional treatment of some of the most vulnerable, marginalized members of our society. The Court is of the view that excessive heat is likely serving as a form of unconstitutional punishment.”
Speaking to The Texas Tribune, Marci Marie Simmons, a former prisoner and one of the plaintiffs in the case, said: “This is a federal judge saying Texas is unconstitutionally housing people in these dangerous and deadly temperatures. I cried. I cried for my people on the inside.”
Amite Dominick, founder of Texas Prison Community Advocates which joined the case, said: “What we are doing is overheating the body for long periods of time which is detrimental to the body…we’re literally cooking them. People don’t live when you cook them.”
What Happens Next
Pitman said he expects the case to go to a full trial, where he indicated the state of Texas is likely to lose. A number of bills have been filed in the Texas Legislature that would fund air conditioning for all state prisons, though none have yet received a hearing. In 2024, Texas had a budget surplus of nearly $33 billion.
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