Clarifying Legal Tactics: Deadly Heat in Louisiana
In response to the article in ULK 55 titled "Correction to Deadly Heat in Louisiana Article," I am equally compelled to struggle my point across to my Texas comrade and all other comrades within the jurisdiction of the 5th Circuit. Our Texas comrade has committed the error of "seeing only a tree instead of the forest," please allow me to explain.
While it is correct that the 5th Circuit remanded the case back to the District Court with an order to apply the injunction to only the three plaintiffs in Angola's death row – Ball, Magee and Code – if one would read and digest the discussion of the 5th Circuit's ruling then one would see that it is obvious that in order for "all" prisoners to receive this relief then "all" prisoners would have to file! And I am fairly sure that most comrades can "come up" with a medical condition! In section 3 of the opinion under "disability claims" the court stated in the last paragraph that because the plaintiffs failed to properly introduce their ADA claims that it was fatal as to that claim, therefore "reading between the lines" one can grasp the nugget of wisdom!
So in conclusion there has been and is a victory against the deadly heat in Louisiana, so I urge all comrades to flood the courts with their own "personal" suits and bypass the stacked deck of the PLRA, entiendes? Please read the "entire" case with footnotes etc.: it was declared that the heat can be a violation of the Eighth Amendment. (The ADA provides "endless" major life activities and functions so everyone can find a niche). So if the heat is a violation of a federal right then – (quote from opinion) "such relief shall extend no further than necessary to correct the violation of the federal right of a particular plaintiff or plaintiffs!"
Be that plaintiff!
Please read the case: Elzie Ball, et al. v. James M. Leblanc, et al. U.$. District Court for the Middle district of Louisiana, 988 F. Supp. 2d 639; 2013 U.S. Dist. LEXIS 178557 Civil Action No.: 13-00368-BAJ-SCR. This is on order from Ball v. Leblanc, 792 F.3d 584, 2015 U.S. App. LEXIS 11769 (5th Cir. La. 2015).
MIM(Prisons) responds: In "Correction to Deadly Heat in Louisiana Article", another writer responded to this writer's original article on this lawsuit from ULK 53. The responder pointed out that the 5th Circuit Court's decision only afforded people with pre-existing medical conditions relief from the dangerous heat in Louisiana prisons. And so ey clarified that the ruling does not automatically apply to all of Louisiana's death row. We are glad that both writers chimed in on the topic, to clarify the ruling and the suggested tactics.
We need to think creatively about how to use this court decision to expand protections to anyone with any medical condition. In conditions like this that are truly dangerous (as we approach summer once again) we encourage people to follow this comrade's lead and look for ways to use the legal system to improve safety of your conditions.
Perhaps others will disagree with this tactic and propose other better uses for people's time and legal research. It's slow to engage in debate through the pages of a bi-monthly newsletter like Under Lock & Key but this is beneficial to all readers and a part of the unity-criticism-unity process. It's a healthy debate over tactics that will keep pushing our work forward, so write to us and let us hear your thoughts.