Texas Prison TDCJ News: Court of Appeals Rules Against Prisons
U.S. FIFTH CIRCUIT COURT OF APPEALS RULES AGAINST PRISONS IN EXTREME TEMPERATURES CASE
Appellate court finds extreme temperature conditions can violate 8th Amendment
The Fifth Circuit Court of Appeals today reversed a Corpus Christi federal judge’s ruling dismissing a prisoners’ lawsuit claiming extreme temperatures violated his Eighth Amendment Rights. Lawyers for the Texas Civil Rights Project and DLA Piper represented Eugene Blackmon, a sixty-four-year-old prisoner suffering from hypertension and other medical conditions.
Temperatures inside the prison, which was not air conditioned, reached a heat index of 130 degrees. Expert testimony established the temperature during the summer of 2008 temperatures reached “extreme caution,†“danger,†or “extreme danger†levels identified by the National Oceanic and Atmospheric Administration on 51 days. The court held “Allowing a prisoner to be exposed to extreme temperatures can constitute a violation of the Eighth Amendment.†“A reasonable jury find that the conditions of confinement … result in the denial of the minimal civilized measure of life’s necessities,†the court said.
“This is a huge victory for all Texas prisoners,†said Scott Medlock, Director of the Texas Civil Rights Project’s Prisoners’ Rights Program, who represented Mr. Blackmon. “Hopefully this decision will force TDCJ to reconsider housing prisoners in such dangerous conditions.†When informed of the decision, Mr. Blackmon said “that takes my breath away. I’m so happy to get my day in court after all these years.â€
The court emphasized “with respect to a prisoner such as Blackmon, a jury could reasonably conclude that the remedial measures adopted by prison officials were inadequate to combat the extreme conditions in the C-8 dorm and to address the salient health risks.â€
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Now if they could get there medical
Issues settled that would be a blessing.
Why, if the family is willing to pay for better medications won’t they order
Them why won’t they do it to better help the
Inmates health and cut back on the tax payers ?
I put time in the Eastham unit 12dorm and i would like to tell you that it gets up to 126degrees
Glad you are out. Nobody is saying inmates should have luxury accommodations, but 126 can kill a person. I bet no fans either. That isn’t even rational to keep people in.
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Hola a todos!!Me llamo Ingrid tengo 30 años y hace dos meses que volvi a Viena. Demomento no tengo trabajo por eso me ofrezco como canguro, o para cuidar ancianos o personas con discapacidad.Y si hay algun otro trabajo por ai tampco me importa (ja ja) vamos que lo que busco es un trabao en general, no importa de qurcaeG.ias.Saludos a todos!