Correction to Deadly Heat in Louisiana Article

Put ULK in your local community center, library, university, corner store. Send us $30 concealed cash with an address and we'll send you a stack of each issue for the next year. help out
[Legal] [Louisiana] [ULK Issue 55]
expand

Correction to Deadly Heat in Louisiana Article

There was an entry in ULK 53 I am compelled to address under the heading "Deadly Heat Victory in Louisiana." It was erroneously reported the 5th Circuit ruling in Bell v. LeBlanc, 792 F. 3d 584, mandated the temperature be maintained "at or below 88 degrees in Angola's death row buildings."

Not so. The 5th Circuit held the U.S. District Court Middle District of Louisiana ruling encompassing all of Louisiana's death row overly broad, and therefore an abuse of the District Court's discreation, violation of the Prison Litigation Reform Act (PLRA). The 5th Circuit pared down the District Court's ruling to affect only the three named plaintiffs: Elzie Ball, Nathaniel Code, and James Magee. The only reason the 5th Circuit upheld the District Court's ruling as pertaining to these three plaintiffs is because all three are afflicted with pre-existing medical conditions that are susceptible to heat-induced complications.

"Based on its findings of fact, we affirm the district court's conclusion that housing these prisoners in very hot cells without sufficient access to heat-relief measures, while knowing that each suffers from conditions that render him extremely vulnerable to serious heat-related injury, violates the Eighth Amendment. ... The district court also erred because it awarded relief facility-wide, instead of limiting such relief to Ball, Code, and Magee. ... Because the district court's injunction provides an unnecessary type of relief and applies beyond these three Plaintiffs, it violates the PLRA. Accordingly, the district court abused its discretion. ... We emphasize, however, that the finding of substantial risk regarding a heat-related injury is tied to the individual health conditions of these inmates." Ball v. LeBlanc, 792 F.3d 584, 596-600, FNG.
The 5th Circuit opined Ball, Code, and Magee could be housed in cells closer to the death row guards' station, which is air conditioned, thereby cooler than the remainder of death row cells. Or, at most, a single death row tier could be air conditioned as a heat-relief measure for prisoners similarly situated to Ball, Code, and Magee. But as for requiring the Louisiana Department of Corrections to maintain temperatures below 88 degrees at Angola's death row altogether, the 5th Circuit judged that was not necessary to comport with the Federal Constitution.

Moral being, if it sounds too good to be true.. perhaps MIM(Prisons) should submit to me these litigous tidbits for vetting and verification.


MIM(Prisons) responds: Thank you to this comrade for setting the record straight, and helping to keep our subscribers from venturing down a wrong path in seeking their own relief from extreme heat, especially as summer is fast approaching. We rely on our subscribers to share their knowledge with us, whether it be their legal expertise, organizing experience, or theoretical understanding. Everyone should be making an effort to increase our collective abilities, which our oppressors try so hard to eliminate.

chain