I read the 5th Circuit
Court of Appeals ruling in regard to air-conditioning for death-row inmates at
Louisiana State Penitentiary with bewilderment.
The Court agreed that the extreme temperatures constitute cruel and
unusual punishment, but overturned a previous ruling by a lower court that
would have compelled the state to install air-conditioning. Many in Texas were watching this case with
great interest, especially in light of the heat-related deaths that spurred lawsuits
against the Texas prison system. The
families of those incarcerated in the Texas Department of Criminal Justice as
well as correctional officers, who must work in these extreme conditions, hoped
that the decision in Louisiana would result in safer conditions in Texas.
The 5th Circuit
asserts that Louisiana may employ less expensive remedies like additional cold
showers and access to ice. My personal
experience is that these remedies do little to prevent heat-related illness or
death, and fail to alleviate the effect of extreme heat on people with chronic
health conditions. Even younger and
healthier men and women suffer terribly during the summer in Texas
prisons.
To deem a condition as inhumane without providing an adequate remedy essentially condones the cruelty.
I served almost six years in the Texas prison system for the crimes I committed when my addiction spun out of
control. I spent the first 18 months at
the Holliday Unit, a transfer facility in Huntsville. People can stay up to two years in these
under-resourced units waiting for assignment to a regular institutional
division unit. Many transfer facilities
were constructed rapidly during the Texas prison building boom of the
90’s. They house people in metal buildings
that trap the heat, causing temperatures to soar into the triple digits. Two large industrial fans operate constantly,
circulating the hot humid air like a furnace.
When I sat at the day-room
tables, I’d need to put a towel down so as not to drip pools of sweat when I
reached across the table. The officers
on duty supervised the dorms from an air-conditioned picket, so they seldom
remembered to open the ventilation shafts inside the dorms. Prison authorities decided to alleviate the
heat by rolling large trash cans filled with iced water to each of the dormitories
located on either side of a half-mile long concrete slab. By the time the trash cans reached us, the
ice had long melted and the water had warmed to room temperature during its
journey down the concrete slab.
Later, I was transferred to the
Huntsville Unit, the oldest prison in Texas.
I took anti-depressants at the time, and old-timers warned me to get off
the meds before the summer months. My
journey from addiction to criminality included several stops at psychiatric
hospitals, so I was hesitant to defy my doctor’s advice. In early June, I received a new cell
assignment in Five Building. This ancient windowless monstrosity with giant
metal exhaust pipes running along the sides of the building extends nearly the
entire width of the unit, and was a separate unit reserved for the worst of the
worst at one point in its dark history.
I reported to my new cell block
on the bottom floor of this depressing place.
I walked down the hard concrete floor past dimly lit cells with paint
peeling from the masonry walls, and imagined myself inside a medieval dungeon.
I learned that prison authorities moved everyone who took medications with heat
warnings, especially people with mental illness, to these forgotten cells
during the summer months. The Captain
claimed that the blocks were cooler, and I learned quickly that this was
untrue.
The absence of windows hindered
circulation, and the external bricks conducted heat to the walls and bars like
an oven. At 2 o’clock on a July morning
I couldn’t lean against the wall without a shirt to protect my back from the
heat. Sleep was impossible. I’d get out of bed throughout the night, pour
water in a bowl, and douse myself head to toe.
Then I’d lay dripping beneath my fan until my body cooled down enough to
sleep, only to wake up fifteen minutes later to repeat the process.
Aging men with heart conditions
shuffled lethargically through the scorching days with ashen faces, often
skipping meals and showers because of the super-human effort it took to walk
the half flight of stairs to the exit of the building. The extreme temperatures hit diabetics and cardiac patients the hardest, and an ambulance frequented the unit several
times per day during the summer months.
I learned later that people most at risk of heat-related health issues
were placed in Five Building, because it was easier for medical personnel to
carry men out on stretchers from this block versus the five-story windowed cell
block near the front of the unit.
One summer, the Texas Department of Criminal Justice ordered the unit
to conduct its biannual lock-down in July. These routine affairs require men to
remain locked in their cells for one week, while officers search every
workplace and living area for hidden contraband. When it came time to search a particular cell
block, officers ordered the men to pack all of their belongings and carry them
across the yard to the gym, where security staff waited to go through each item
piece by piece.
One of the members of my small
group in a chapel rehabilitative program endured this ordeal. He returned to his cell sweating from
carrying 50 pounds of personal property across the unit under the late afternoon
sun. Shortly later, he fell to the
ground from a massive heart attack. The
warden responded immediately, performing CPR until the ambulance arrived. Despite these efforts, the man died. Failing to learn its lesson, TDCJ ordered
another lock-down the next summer, this time in August.
Texas spends $6 billion every two
years to operate its massive prison system.
Installing air-conditioning will certainly bring a hefty cost to the
state. It’s important to put this issue
into perspective. The state spends far
more to provide healthcare to an aging prison population that no longer poses
a risk to public safety. Moreover, the
state incarcerates tens of thousands of men and women for non-violent offenses
that would more effectively be addressed through less costly treatment and intensive
supervision. The cost of providing
air-conditioning to prevent medical emergencies and death is dwarfed by the
amount Texas wastes on ineffective criminal justice policies.
For more information about this topic, check out the amazing work of the UT School of Law's Human Right's Clinic:
Deadly Heat in Texas Prisons
Reckless Indifference: Deadly Heat in Texas Prisons