Transfer of inmates to cooler quarters completed
Appeals court allows prisoners to sue to make order permanent
After a massive effort requiring more than 2,000 inmate transfers in two weeks, the Texas prison system over the weekend came into compliance with a federal court order in a closely watched lawsuit over sweltering living conditions at a Navasota facility.
“The moves happened seamlessly,” said Texas Department of Criminal Justice spokesman Jason Clark, speaking just days after a federal appeals court upheld class certification for the case in what one legal expert described as a “strong” and “significant” ruling.
In addition to the 1,025 heat-sensitive inmates U.S. District Court Judge Keith Ellison ordered moved out of the overheated Pack Unit, the state transferred another 1,089 prisoners to make room in other facilities.
Although the judge’s preliminary injunction set a strict three-week deadline for the transfer, TDCJ finished the moves a week early.
“Plaintiff’s counsel are pleased that TDCJ followed the court’s order and they look forward to making
“The case really deals on a fundamental level with the question of the authority of courts to protect constitutional rights in prison litigation.” Kurt Kuhn, attorney
this injunction permanent now that the 5th Circuit has made it crystal clear that the class action for all inmates can proceed,” said Jeff Edwards, the Austin lawyer representing the inmates who sparked the legal battle in 2014.
The inmates at the center of the ongoing legal saga scored a victory Friday when the 5th U.S. Circuit Court of Appeals affirmed class certification after the state appealed Ellison’s decision.
Among other things, Texas argued in its appeal that the class certification was in violation of the Pris-
on Litigation Reform Act, a 1996 law aimed at reining in prisoners’ legal actions.
The state also argued that other heat-mitigation measures could work depending on inmates’ age and health, so it wasn’t possible to determine whether the excessive heat really presented a risk of serious harm to all of the unit’s inmates.
But the 5th Circuit upheld the district court’s finding that cooled respite areas, more frequent showers, cold water and fans were ineffective to reduce the risk, pointing out that the lower court’s decision came after a four-day hearing that included a Pack Unit tour.
A line in the sand
From the typically conservative 5th Circuit, it’s a notable decision, according to one legal expert.
“The case really deals on a fundamental level with the question of the authority of courts to protect constitutional rights in prison litigation,” said Austin-based appellate attorney Kurt Kuhn. “If you can’t prove a class unless everybody has the same reaction to the same temperature at the same moment, at some point you’re saying you can’t effectively litigate things.”
But that’s not what the court found, and the ruling effectively helps draw a line in the sand regarding class certification of prison condition lawsuits.
“The reasoning of it will play to other circuits,” Kuhn said. “If the 9th Circuit did this a lot of people wouldn’t blink, but if the 5th Circuit does this, it’s a big deal.”
The suit filed three years ago on behalf of six inmates accused the state of violating
“If the 9th Circuit did this a lot of people wouldn’t blink, but if the 5th Circuit does this, it’s a big deal.” Kurt Kuhn, attorney
their constitutional right against cruel and unusual punishment and the Americans with Disabilities Act after a series of heat-related deaths. None of the 22 inmate deaths in Texas prisons since 1998 were at the Pack Unit, although some of the more than 100 inmates struck by heat-related injuries were housed in the facility that’s home to a disproportionate number of geriatric inmates.
Though parts of the Navasota facility are air-conditioned, the inmate housing areas are not, so indoor temperatures can spike up over 100 degrees in the summer months.
Inmates to return
Instead of getting airconditioning in housing areas, TDCJ shipped the inmates to cooled quarters in other state prisons. The court order expires in 90 days, and state officials have indicated the inmates will return to the Pack Unit once temperatures cool off.
While the state has filed paperwork showing its intent to appeal both the August preliminary injunction and a searing 101page opinion the month before, the reaffirmed class certification paves the way for inmates’ lawyers to try winning a permanent injunction.
“We’re going to move forward as quickly as we can,” Edwards said, “so that the inmates have some certainty in their lives.”