Since 2012, the Texas state prison system’s governing agency has consistently claimed that there have been no occurrences of “heat deaths” during its tenure, despite being sued for subjecting inmates to high temperatures in their cells.
On Friday, Bryan Collier, the Director of Texas Department of Criminal Justice, accepted that the heat was a contributing factor in the deaths of three inmates due to multiple causes last summer. He further acknowledged that both prison employees and prisoners are still suffering from heat exposure, and the temperatures in cells where they live and sleep frequently surpass 90 degrees, occasionally rising to over 100 degrees.
During a four-day hearing in Austin federal court, it was revealed that Collier aims to install air conditioning throughout the state, but the state Legislature has not provided enough funding to do so. While TDCJ has estimated that it would cost over $1 billion, Democratic state Rep. Terry Canales has criticized that amount, calling it “exorbitant” and “disingenuous,” according to the Texas Tribune.
The Statesman’s attempts to gather more information were met with silence from Collier and a state attorney, who both declined to answer any questions.
The lawsuit alleges that Collier and TDCJ have disregarded the potential hazards of extreme heat in a region with high temperatures, making it possible for inmates to suffer from fatal heatstroke in cells without temperature regulation. Furthermore, it accuses them of subjecting prisoners to cruel and inhumane treatment due to the intense heat.
According to Collier, the state refutes both claims, and he asserts that he utilized his influence with the Legislature to secure an additional $85 million in maintenance funds for 2023. TDCJ has allocated this funding towards the installation of more air conditioning units, with the aim of climate-controlling all 101 units. However, the timeline for achieving this objective depends on the amount of funding the TDCJ receives and may take several decades.
Inmate Bernie Tiede, along with various prisoner advocacy groups, are taking legal action and demanding that the TDCJ (Texas Department of Criminal Justice) install temporary air conditioning throughout the entire system. This would be a significant change, as nearly 70% of cells in the state prison system are without air conditioning. This is in stark contrast to the fact that 95% of homes in Texas have AC units. The request has been made to federal District Judge Robert Pitman.
Since 1994, it has been mandated by state law for Texas jails to maintain temperatures within the range of 65 to 85 degrees. Similarly, federal prisons restrict the temperature range between 65 to 78 degrees.
On Tuesday, Tiede and former inmate Marci Marie Simmons shared their harrowing experiences of enduring the scorching heat in state prison cells during summers. Simmons revealed that even today, the memories of her time in state lockups haunt her whenever she steps inside her hot car on a sunny day.
As soon as you open the door of a prison dorm, a wave of heat hits you right in the face. This is how one former inmate describes the oppressive and suffocating heat that is a constant presence in the cells. Unlike being in a car where you can turn on the air conditioning to find relief, the heat in the cell is unrelenting.
When asked about the recorded instances of heat-related illnesses and the 5,000 heat complaints filed by inmates in 2023, Collier seemed unsure if those inmates had followed the mitigation policies. He suggested that one reason for their condition could be inadequate water intake.
“He said that he is not sure if the inmates who filed grievances are unsafe. According to him, they are just complaining.”
Erica Grossman, the plaintiffs’ lawyer, countered by highlighting the fact that 32-year-old inmate John Castillo had visited the water cooler 23 times in the 24 hours prior to his death from an epileptic seizure in June 2023. At the time of his death, his body temperature was recorded as 107.5 degrees Fahrenheit.
On the first day of the Texas prison heat lawsuit, witnesses testified about the unbearable heat conditions they had to endure. One witness stated, “I was in survivor mode.” The lawsuit claims that the Texas Department of Criminal Justice failed to protect inmates from extreme heat, resulting in at least 22 deaths over the past five years. The trial is expected to last for several weeks, and it could lead to significant changes in the way Texas prisons handle heat-related issues.
Case is one of several Texas has faced over prison heat
This Article Includes
Over the years, the state has faced numerous legal actions regarding inmate injuries and deaths caused by heat. As a result of litigation and advocacy from prison groups, many changes have been implemented in the system. The lawsuit is just the latest development in this ongoing battle for the welfare of the inmates.
The state has introduced the use of “heat scores” to identify which inmates are eligible for climate-controlled cells based on their medical vulnerabilities. Dr. Jane Leonardson, a witness for the state, testified on Thursday that she was tasked with creating the algorithm to ensure compliance with a settlement agreement reached in 2018.
As part of the settlement, the state has also incorporated 8,900 additional “cool beds” into the existing system of approximately 142,000 beds. Moreover, they have introduced new measures to mitigate the impact of heat on inmates. These measures comprise of air-conditioned respite areas, which prisoners can access upon request during certain times, relaxed dress codes that permit lighter clothing, and access to coolers of ice water.
In August 2023, Tiede brought forth a lawsuit against TDCJ when he experienced a severe medical crisis while being held in a cell with a recorded temperature of 112 degrees just days prior. Recently, advocacy groups have joined the lawsuit to extend its scope to include all Texas prisons.
Austin director Richard Linklater’s film “Bernie” brought Tiede into the spotlight, as it delved into Tiede’s conviction for the murder of an affluent 81-year-old widow.
According to Linklater, who was present at the hearing on Friday and has been supporting the plaintiffs, Collier and TDCJ are willing to install air conditioning, but the main obstacle is the lack of funding.
According to the Statesman, Linklater expressed his hope that Texas will be compelled to take action in light of the circumstances. He believes that this is the only way to address the ongoing issues. The situation is particularly heartbreaking because everyone involved desires the same outcome. Linklater emphasized that subjecting employees to such conditions is not only unacceptable but also torturous for all parties involved.
Jeff Edwards, a lawyer representing the plaintiffs in this case, has dedicated years of his career to advocating for climate control in Texas prisons. He previously represented former inmates who filed a lawsuit against the state agency in 2014. As a result of his efforts, the state was required to install permanent air conditioning at the Wallace Pack Unit, which is located southeast of College Station. This settlement came about after U.S. District Judge Keith Ellison of Houston intervened and ordered prison officials to provide relief when the temperature inside the Pack Unit reached a heat index of 88 degrees or higher.
According to the Statesman, Edwards Law founder, Edwards expressed his disappointment that legal action was necessary to bring about change. However, he also noted that the law has the power to hold those in power accountable and effect meaningful change. “That’s the beauty of the law,” he stated. “Occasionally, you have the opportunity to bring truth to power and make a real difference.”
According to a lawsuit filed by advocacy groups, inmates in Texas state prisons are allegedly being subjected to extreme heat levels, which can potentially lead to fatal consequences. The lawsuit claims that the temperatures inside the prisons often exceed 100 degrees Fahrenheit, causing inmates to suffer from dehydration, heat exhaustion, and other heat-related illnesses. The situation is particularly dire for elderly, disabled, and other vulnerable inmates who are unable to cool themselves down. The lawsuit seeks to hold the state accountable for its failure to provide adequate protections for the inmates.
Looking ahead
The submission of post-hearing briefs has been given a deadline of August 20th by Pitman. The ruling on the preliminary injunction motion is expected to follow soon after.
The state of Texas has put forward the argument that the advocacy groups involved in the lawsuit, which includes Lioness Justice Impacted Women’s Alliance, Texas Prisons Community Advocates, Texas Citizens United for Rehabilitation of Errants, and the Coalition for Texans with Disabilities, do not possess the necessary standing to file a lawsuit. In the event of an unfavorable ruling, Texas is considering the possibility of appealing to the federal 5th Circuit Court of Appeals.
Collier testified under oath that the fight for a lasting solution could last for years to come. While this battle continues, TDCJ will be requesting more funding from the Legislature than the $85 million that was originally allocated for air conditioning projects in 2023.
As per Collier’s statement, legislators are gradually realizing the significance of air conditioning in state prisons, and there seems to be an awakening in this regard.
According to Amite Dominick, a former psychology professor and the founder and president of the nonprofit organization Texas Prisons Community Advocates, Collier’s efforts in requesting funding for the cause have not been aggressive enough.
She voiced her concerns about the apparent trend of passing the buck. “It’s frustrating to see people suffer while we argue over technicalities,” she remarked.
During the hearing, she expressed her belief that the state exhibited a lack of compassion towards inmates.
Dominick pondered, “Would we still be discussing these matters if we had switched off the air conditioning during the proceedings or legislative sessions?”
Inaccurate temperature log raises eyebrows
In the upcoming weeks, the state will be held accountable by the judge for trying to discredit the testimony of a witness on the plaintiff’s side with a document that Pitman deemed as “highly questionable”. This document was a temperature log maintained by the staff at the Mark W. Stiles unit situated in southeast Texas near Beaumont.
On July 12, 2022, the outdoor temperature was recorded as 79 degrees Fahrenheit from just after midnight until early evening through handwritten entries. The heat index was even lower than that. However, according to the National Weather Service, Pitman observed that the high that day was 96 degrees.
Pitman argued that the document, if not entirely fabricated, was inaccurate.
During the presentation of the document, Lawyer Abigail Carter from the attorney general’s office admitted her misconception about the log. She believed that it displayed indoor temperatures, but later realized that she made a mistake.
According to Pitman, it is his hope that the legal team of the state will thoroughly investigate the production of the document and get to the root of the matter, even if it requires further depositions. Carter affirmed that they will do what it takes to achieve this goal, and Collier expressed his intention to conduct an investigation as well.
Inaccurate temperature readings may indicate a more significant problem. As per Collier’s testimony, the temperature logs are crucial in identifying if the heat index has risen for consecutive days, which would trigger emergency heat mitigation measures. Despite this, Dominick shared with the Statesman that prisoners have alerted TPCA to the inaccuracies in the temperature logs multiple times.
Pitman raised concerns about the statistics being relied upon, stating, “They are depending on these stats, which is problematic. This admission not only misleads me but also questions the agency’s reliability.”