Appeals Court Rules Heat Can Violate Prisoner Rights
The U.S. 5th Circuit Court of Appeals on Monday ruled in a Texas case that extreme heat can violate prisoners' rights.
In a case involving a 64-year-old former Texas Department of Criminal Justice inmate who suffered from hypertension and other medical ailments, the federal court in New Orleans held that allowing an inmate to be "exposed to extreme temperatures can constitute a violation of the Eighth Amendment." The case was remanded to the district court for a new trial.
"This is a huge victory for all Texas prisoners," said Scott Medlock, director of the Texas Civil Rights Project's ...
Comments (15)
Karen Spivey-Cummings via Texas Tribune on Facebook
Good.
Luisa Inez Newton via Texas Tribune on Facebook
Texas has a lot of blood on its hands, from prisons to executions.
Bryan Married Patricia via Texas Tribune on Facebook
Hallllelujerrrrrrrrrrr!!!!!!!!!!!!!!!!
R Denice Brown via Texas Tribune on Facebook
criminals have a lot blood on their hands, too...
Merryl Redding via Texas Tribune on Facebook
"such dangerous conditions"? It's not like they are dying regularly- or at all. Yes, someone with medical issues needs further consideration. But prisoners are there because they made someone else's life "uncomfortable" or devastated for the REST of their lives.
Phillip Baker via Texas Tribune on Facebook
Every time there is a discussion about the horrific conditions in our prisons, there is a Merryl Somebody piping up about how they deserve what they get. Reportedly there were 12 DEATHS last summer from hyperthermia. That is DEATHS. The sentence imposed is to incarcerate the offender and hold him for the specified time. Right wingers, prison workers,nor anyone else has the authority to add special conditions to that sentence. These same predictable people dismiss the fact that TDCJ consistently is in the top 3 systems for sexual assault on inmates- a third to half committed by TDCJ staff. Exactly how much barbarity are the Merryl Somebody's of this state willing to impose to satisfy their view of personal vengeance. The US incarcerates more people than any other country. Texas leads the US in this. DA's have fed us a line of "tough on crime" for decades, even though crime rates have fallen a lot, yet still we impose luridly harsh sentences on non-violent offenders. The cost is bankrupting us!!. So, Merryl, how do you feel about paying out millions of tax money settling all the suits that TDCJ routinely loses? Great use of money. Maybe Texas will "reform" its prisons just to save the money. It's not the right reason, but it'll do. I for one am tired of having huge chunks of my tax dollars going down the drain of TDCJ. Just maybe we could fund, say,....schools with that money. Such a radical concept.
Phillip Baker via Texas Tribune on Facebook
And Merryl, before you wax eloquent about all those poor victims who have had their entire lives ruined FOREVER, take a hard look at our prison population. A high percentage of offenders are non-violent and committed property crimes. Yes, it was an ordeal for the victims for awhile, but they do get on with their lives. I've been burgled twice. It sucked, but somehow I managed to replace what was stolen, get over my anger, and move on. And so did the other victims. Anybody still crying over a burglary 6 months later has some added issues going on. Get a grip and think before you write. Most inmates are not the stereotype of violent, rapacious killers, and to paint them with the same broad brush is intellectually dishonest and certainly misleading.
Robert McCausland via Texas Tribune on Facebook
And let's not forget that even if one believes that guilty people deserved primeval punishment, many people in Texas prisons are NOT guilty -- ask Michael Morton and the numerous others who have been proven innocent!
Samdavis
The purpose of prison is supposed to be about rehabilitation as much as punishment. If we want to avoid a high recidivism rate then prison becomes a place where prisoners have the opportunity for education and training. It's hard to accomplish those two goals under inhumane conditions. Even though there are those who want to "get even" to satisfy their barbaric need for revenge, the real mission is to have a prison system that keeps the real bad inmates securely locked away but returns most back into society to be productive citizens.
Phillip Baker via Texas Tribune on Facebook
Good point McCausland. Given the excessive power of DA's today, many, many innocent people plead guilty to avoid the far, far harsher charges (unfounded often) they will face at trial. Innocent people lose at trial every day. So it's not just the Mike Mortons that are wrongfully imprisoned. There are tens of thousands in TDCJ's grip who are actually innocent, but had to make that Hobbesian choice.
Sandy Odea
Would like to know HOW a prisoner has more rights than the victims do?? REALLY!! This crap is getting ridiculous. If you are convicted (and yes I know that some are innocent) you have NO rights.
Jim Arnold
Hopefully ol Sheriff Joe Bigot in Phonex can now be sued. Let's just pile onto ole Sheriff Joe Bigot.
Jim Arnold
"If you are convicted (and yes I know that some are innocent) you have NO rights.
What an absolutely stupid and worthless statement. God does it show massive ignorance on your part of the Constitution. As was shown by the worthless 5th Circuit, the Constitution applies to prisoners also.
Samdavis
Sandy, maybe you would be happier wearing a burka and living in a country where prisoners really have no rights.
Tarron Pleasant
Down there the summer times is horrible I was just released July 25,2012 they would run out of ice for the water coolers and put tap water that was hot or nothing at all. The they put a fan and people want to fight over it and they wondering about u not having a shirt on because u are tring to stay cool. While I was there at plane state a teacher passed out because of the heat and also officers. And they want everything in order when they come inspected. But after the fact it's the same stuff! The people in k-dorm should not be in there at summer they can die and they want to bring water when they are ready too. It's a lot of things that goes on in there that needs to be told!