A federal appeals court has substantially narrowed an injunction requiring the Louisiana Department of Public Safety & Corrections (DPSC) to keep inmates working on the Angola prison’s Farm Line safe from extreme summer heat.
The Fifth Circuit Court of Appeals handed down the decision on July 12, weakening a federal district court’s response to plaintiffs’ motion for a restraining order barring Louisiana State Penitentiary from opening its Farm Line operations when the heat index reaches 88 degrees or above.
The series of court rulings are in response to a civil rights lawsuit filed in September of last year by current and former inmates and the group Voice of the Experienced. The lawsuit argued that the farm operation involving inmates at Angola was cruel and unusual and violated the Eighth Amendment.
A federal judge in the Middle District of Louisiana, Brian Jackson, declined to shut down the Farm Line operations entirely, but he ordered the DPSC to take five steps to alleviate extreme heat risks: (1) Correct the lack of shade and inadequate rest periods; (2) provide sunscreen and adequate protective clothing and equipment; (3) expand and revise a list of medications affected by extreme heat; (4) medically assess all prisoners who suffer maladies that inhibit thermoregulation; (5) and develop a policy to protect inmates working outdoors when heat index values exceed 113 degrees.
The appeals court found that the last three steps were overbroad and violate the federal Prison Litigation Reform Act in that they cover the entirety of DPSC operations and not just workers on the Farm Line.
“... Declining to stay parts (3), (4) and (5) of the district court’s order would intrude on state sovereignty, along with subjecting the state to extensive, DPSC-wide policy changes and compliance costs,” the Fifth Circuit said in its opinion.
The last three parts of the district court order, which are now postponed indefinitely, were viewed by observers as the ones requiring more substantive changes in prison policies.
The court stressed that by denying a stay on the first two planks of the district court’s order would lead to diminished inmate heat risks. In addition, exposure to extreme heat does qualify as an Eighth Amendment violation, according to the Fifth Circuit.
“... As the district court noted, common sense indicates that working for long hours in the summer sun without shade, sufficient rest or adequate protective equipment poses serious health risks,” the appeals court opinion states.
The Fifth Circuit’s opinion was triggered by a DPSC appeal of the district court’s decision.
In an email to the Louisiana Record, the DPSC stressed that it follows strict heat precautions when inmates are engaged in farm work.
"... The prison provides all of its inmates in the housing and work areas cold water, ice, additional cool showers and increased ventilation by opening windows and the use of fans," the DPS said in its statement. "The prison also offers inmates appropriate protective gear including hats and gloves. In addition, when the heat index reaches 88 degrees Fahrenheit, a heat alert is announced, and every 30 minutes, water and ice are available as well a rest break of at least five minutes."
Since last summer, the prison has adjusted outdoor work hours to occur in the mornings to avoid extreme heat, according to the DPSC.
"Finally, prisoners with a heat precaution duty status -- such as those prisoners making these unfounded allegations in federal court -- are prohibited from working outdoors between May and October when the heat index exceeds 88 degrees," the statement says. "A heat precaution duty status is issued to all offenders with a medical condition or medication that might create increased sensitivity to heat and/or the sun."
Supporters of the plaintiffs in the Angola prison case, such as the group Promise of Justice, portray the agricultural work performed by the inmates as akin to 19th-century slavery.
“On the Farm Line, as during chattel slavery, men, many of whom have medical conditions and disabilities, are forced to work Angola’s fields in oppressive heat without proper protection, modern farming equipment or even clean drinking water,” Promise of Justice said in a recent press release.
The appeals court ruling, however, concluded that prison officials have a mechanism in place to identify those prisoners who are more vulnerable to heat, based on criteria such as chronic disease or prescribed medications.
The trial of the case in district court is scheduled to begin on Sept. 30.