From: The Times-Picayune,
By: Lauren McGaughy, June 11, 2013
Three inmates on death row at the Louisiana State Penitentiary have filed suit in Baton Rouge federal court against jail officials for what they call “appalling and extreme conditions … as a result of extreme heat” in the facilities. The lawsuit requests that corrections officials work with the warden and jail staff to mitigate “extreme and unsafe” temperatures and humidity in the Death Row facility at the penitentiary, which is more commonly known as Angola Prison.
The lawsuit, filed Monday on behalf of the inmates by the Promise of Justice Initiative, says the conditions prisoners suffer each summer violate the cruel and unusual punishment clause of the Eight Amendment.
The defendants are Department of Public Safety and Corrections and specifically its Secretary James LeBlanc, Angola Prison Warden Burl Cain and Death Row Warden Angela Norwood. The plaintiffs are Death Row inmates Elzie Ball, Nathaniel Code and James Magee.
According to the lawsuit documents, the heat index — or how hot “it feels” — on Death Row reached 195 degrees Fahrenheit on more than one occasion in the summer of 2011. Last summer, the index was above 126 degrees on 85 days between May and August, the suit said.
The Advocacy Center, a non-profit organization offering free legal advice, obtained the heat index information through a public records request after being alerted to the temperature concerns by inmates about two years ago. Additional information was added by inmate and visitor anecdotes.
The lawsuit states Angola’s new Death Row facility was constructed in 2008 and outfitted with duct work throughout to provide climate control. However, while visitation rooms, guard towers and offices are air-conditioned, the “tiers” occupied by inmates are only outfitted with fans that “merely blow hot air into Plaintiffs’ cells,” the suit said.
“During the summer, the bars of the cells are hot to the touch and the cinder block walls release additional heat,” according to the suit. Inmates choose to sleep on the concrete “because the floor is slightly cooler than their beds.”
Additionally, clean drinking water is “contaminated with debris” and water from the showers “is scalding hot,” sometimes exceeding 115 degrees during the summer months, the suit said.
All three inmates suffer from hypertension. Ball, 60, is a diabetic; Code, 57 has hepatitis; and Magee, 35, is treated medically for depression. Because of these ailments, all three are covered under the Americans with Disabilities Act, the suit said.
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