Climate Control Litigation
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Historically, incarcerated individuals in Texas have filed numerous lawsuits regarding the inhumane and extreme temperatures in the state's prison system. Despite the urgency and the health risks posed by the lack of climate control, many of these lawsuits have been dismissed, often leaving prisoners to endure unbearable conditions. However, one of the most notable and impactful cases is the Pack Unit lawsuit, which set a legal precedent for addressing heat conditions in Texas prisons.
The Pack Unit Lawsuit
The Pack Unit lawsuit, formally known as Cole v. Collier, was a landmark case filed in 2014 on behalf of elderly and medically vulnerable inmates at the Wallace Pack Unit, a prison located near College Station, Texas. The lawsuit argued that the extreme heat conditions in the prison, where indoor temperatures regularly exceeded 100 degrees Fahrenheit, violated the Eighth Amendment's prohibition against cruel and unusual punishment.
This case garnered widespread attention due to the dangerous heat conditions faced by inmates, and in 2018, a groundbreaking settlement was reached. The state of Texas agreed to install air conditioning in the Pack Unit, a decision that was hailed as a major victory for prison reform advocates. Judge Keith Ellison, who presided over the case, stated that the conditions represented a clear violation of the inmates' Eighth Amendment rights.
However, the cost and scope of the settlement sparked controversy. The lawsuit itself cost the state $7.2 million, while the actual cost to install air conditioning in the facility was $3.8 million. Despite this victory, the settlement applied only to the Pack Unit and did not extend to other Texas prisons, leaving the issue of extreme heat in correctional facilities largely unaddressed on a statewide level.
See below a few key Pack Unit lawsuit documents
Current 5th Circuit Unit Lawsuit
Richard Linklater, Bernie Tiede pleads for AC in Texas prisons
Bernie Tiede, the mortician whose story was depicted in Richard Linklater's dark comedy Bernie, provides a striking example of how extreme heat conditions in prisons are being challenged in court. . His lawsuit highlighted the dangerous and inhumane conditions many prisoners face due to the lack of temperature regulation, especially during intense heatwaves.
This case underscores the broader issue of extreme heat in prisons and the legal actions some incarcerated individuals are taking to fight for basic human rights, drawing attention to the critical need for universal temperature standards in all facilities.
Press Conference for Litigation for Air Conditioning tin the Texas Prisons' April 22,2024
Texas Prisons Community Advocates joined in the lawsuit as plaintiffs asks the U.S. District Court to declare TDCJ's prison policy unconstitutional and order that Texas state prisons maintain temperatures between 65 and 85 degrees. Texas needs to treat the issue with urgency.
5th Circuit Unit Lawsuit
Court Filings
5th Circuit Unit Lawsuit
Preliminary Hearing Transcripts
The current 5th Circuit lawsuit seeks broader, more universal protections and the implementation of air conditioning and temperature regulations across all Texas prison facilities, moving beyond isolated victories like the Pack Unit case and various wrongful death lawsuits. The ultimate goal is to establish a universal temperature standard that ensures the safety, health, and well-being of all incarcerated individuals, especially as climate change intensifies extreme heat conditions.
Under the 2018 Pack Unit settlement, the prison agency was required to develop a system to designate which incarcerated individuals should be guaranteed air-conditioned housing (referred to as a "cool bed"). Approximately 12,000 individuals have since been assigned a "heat sensitivity score." However, cross-examination of the scoring algorithm revealed several limitations. For example, individuals with conditions like diabetes or epilepsy, or a hypothetical 90-year-old inmate with hypertension, would not automatically qualify for air-conditioned housing unless they were taking a specific drug for their condition. Bernie Tiede, despite having risk factors such as diabetes, asthma, obesity, and being over the age of 65, was not assigned a heat sensitivity score.
Bryan Collier, the director of the Texas prison agency, downplayed the role of heat in these deaths, stating that heat was merely an "additional" factor and that conditions like epilepsy were the primary causes of death. When asked about the risks faced by prisoners who voiced concerns over extreme heat, Collier responded dismissively, claiming, “I don’t know that they’re not safe. They’re just complaining.”
More alarmingly, Ron Hudson, who heads the agency’s facilities division responsible for implementing air-conditioning plans, bluntly denied that heat was causing deaths or serious illnesses, stating, “no.” This contradicts the agency's own training documents, which were presented in court and identified heat as the fifth leading cause of serious injury among prison staff.
At a preliminary hearing, Judge Robert Pitman examined critical evidence, including the prison’s temperature logs. In a significant development, Pitman labeled one of the logs a “fraudulent document”, noting discrepancies between the prison’s records and official weather data. According to the logs, the outdoor temperature on July 12, 2022, was recorded at 79 degrees, while the National Weather Service reported a high of 96 degrees that day. Pitman questioned whether this discrepancy was deliberate, pointedly asking, “Is this the information given to the legislators?”
He responded sharply, stating, “This is not a mistake. This is a fabricated document,” and called for further investigation, raising serious concerns about the reliability of the agency’s records.
As the case progresses, summary documents have been submitted, and both legal teams now await Judge Pitman’s decision. A favorable ruling could set the stage for widespread reform in the Texas prison system, ensuring that incarcerated individuals are no longer subjected to dangerous, inhumane heat conditions and that adequate climate control measures are implemented to protect their health and human rights. For more information see below court filings and transcripts.