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.”

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.”


  1. Bruce Terry says:

    I put time in the Eastham unit 12dorm and i would like to tell you that it gets up to 126degrees

    • Texas Magnum says:

      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.

      • Beatrice says:

        Look, here’s the thing with Reporter April – if gives her a value to the team. There’s a reason that pulp heroines (Lois Lane for instance) were always reporters – it puts them at “The Scene,” and/or it gives them motivation to tag along, and/or it gives them sources to provide info/value to the hero/s. What can Teenage April do? “Uuuuhm, master splinter, Stacey was all like ‘omigawd Beiber is hawt’ but then Kelsey was all like ‘na-uh, i’m aaaaaall about Team Edward! He’s da bomb!’ and then I’m all like ‘ugh, Parents just don’t undaestrnd!'”

    • Lorena says:

      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!