A significant lawsuit against the Texas Department of Criminal Justice (TDCJ) is being spearheaded by human rights advocates and Texas attorneys due to the absence of air conditioning in Texas prisons. The lawsuit claims that the health of inmates is at risk and that over 85,000 Texans are impacted.
According to the Big Bend Sentinel, Jodi Cole, a lawyer based in Alpine, was at the heart of the case. Last year, she submitted an urgent motion on behalf of Bernie Tiede, a convicted murderer who alleged that he had a stroke as a result of the excessive heat in his prison cell.
The attention-grabbing lawsuit has sparked hope among many people who are eagerly waiting for improved living conditions for incarcerated Texans. Additionally, the case has brought Cole’s work into the limelight. Her journey started with her representation of Tiede, a well-known personality whose tale was featured in a 1998 Texas Monthly article and later in the 2012 film “Bernie,” directed by Richard Linklater.
According to the lawsuit, Tiede experienced a stroke while confined in his cell in 2023. The cell temperature had soared to 112 degrees. Although Tiede survived the incident, there have been numerous cases of prisoners who perished in their cells due to the scorching Texas summer heat.
According to a study published in the National Library of Medicine in 2022, state prisons without air conditioning were associated with an average of 14 deaths per year due to heat. The study further highlights that extreme heat is the direct cause of 13% of all inmate deaths.
The complaint highlights the study’s findings, stating that prisoners in Texas are being subjected to extreme heat that could lead to fatal consequences.
Unlike its neighboring states, such as Arkansas, Oklahoma, and New Mexico, Texas does not offer air conditioning facilities in the majority of its prisons.
It is mandatory for federal prisons to ensure that the temperature within their facilities remains within the range of 68 to 76 degrees. Surprisingly, even in Guantanamo Bay – a place that has been infamous for its use of torture practices – the temperature is kept comfortably cool.
According to the lawsuit, subjecting prisoners to such harsh conditions is a violation of the Eighth Amendment, which prohibits “cruel and unusual punishment.” The TDCJ has acknowledged the problem, but claims that it doesn’t have enough funding to install air conditioning in all of its prisons.
U.S. District Judge Robert Pitman has given a deadline of August 20 for further filings before the ultimate verdict on the case. Despite the pending decision, Cole is hopeful and resolute in her pursuit of change. She firmly believes in finding solutions instead of focusing on the limitations. Cole stated, “I am not interested in hearing about why something cannot be done. Instead, I want to explore the possibilities of how it can be done. Whether it means building something new or dismantling something old, I am willing to take the necessary steps to make a change.”
