Judge: High heat in Texas prisons unconstitutional
(The Hill) — A federal judge found the extreme heat in Texas prisons is 'plainly unconstitutional' but did not order the state to begin installing air conditioners.
While U.S. District Judge Robert Pitman affirmed some of the claims about incarcerated conditions in the state, advocates will have to continue pressing their lawsuit in a trial, The Associated Press reported.
'This case concerns the plainly unconstitutional treatment of some of the most vulnerable, marginalized members of our society,' Pitman said in his ruling, noting that he believes excessive heat is an unconstitutional punishment.
The suit was originally filed in 2023 by Bernie Tiede, a former mortician serving a life sentence, until prisoner rights groups joined his effort.
The lawsuit argues the heat in Texas prisons can amount to cruel and unusual punishment. Summer heat can easily be above 100 degrees Fahrenheit in the state, particularly as summers continue to get warmer due to climate change.
Trump administration revokes state and local health funding
The plaintiffs are asking the state to install air conditioning in state facilities, and while the judge stopped short of ordering the state to spend the billions of dollars on the installation, Jeff Edwards, the lead attorney for prisoners, said it was a victory.
'We proved our case,' he said. 'The court made it very clear what the state is doing is unconstitutional and endangering the lives of those they are supposed to be protecting.'
Edwards said he wishes they could have protected prisoners for the upcoming summer months but will continue to work on their goal.
Pitman noted that it would take months to install temporary air conditioning and billions for a permanent solution. He expects the case to go to trial, where advocates can continue their case, though the state Legislature has not made moves on the matter for years.
The AP noted that about a third of the state's roughly 100 prison units are fully air conditioned, and the rest only have partial air conditioning or no electric cooling.
The Associated Press contributed to this report.
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
4 hours ago
- Yahoo
Deputies: Two men arrested for animal neglect after 6 dogs rescued from Polk County Home
On May 30, the Polk County Sheriff's Office said they arrested two men on multiple counts of animal neglect after discovering six dogs living in awful conditions inside a home that had no power or ventilation. Deputies said when they arrived at the scene, they were unable to contact anyone at the residence but could hear multiple dogs inside. The temperature inside the home was measured at 107 degrees Fahrenheit. The dogs were visibly panting, and the interior of the house was littered with trash, feces, and urine, according to PCSO. In one of the bedrooms, deputies said they found trash piled up to the ceiling, making it difficult to navigate through the house, forcing them to climb over items and through excrement to move around. Deputies said when they found the dogs, their temperatures reached as high as 105 degrees Fahrenheit. During the investigation, 29-year-old Alan Alderman and 65-year-old Thornton Arnold arrived at the property where they claimed only two of the dogs belonged to them, stating that three belonged to Alderman's girlfriend, who is currently in jail, and they were unaware of the existence of the sixth dog. Both men were arrested and booked into the Polk County Jail. All dogs were taken to Polk County Animal Control for medical evaluation and treatment. Deputiesa said Alderman and Arnold were both charged with six counts of animal neglect, a first degree misdemeanor. Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.

5 hours ago
1st measles case of the year in South Dakota as CDC updates travel guidance
South Dakota has reported its first case of measles this year. The state is now the 33rd in the country to confirm a measles case, with at least 1,088 cases reported nationally so far this year. An adult who recently traveled outside the country tested positive for measles in Meade County, South Dakota, according to the South Dakota Department of Health. It comes as federal officials are urging all Americans to get vaccinated against measles before traveling abroad, according to guidance updated last week from the Centers for Disease Control and Prevention (CDC). Previously, the guidance stated that those traveling to countries with an ongoing outbreak should be vaccinated before leaving. The measles, mumps, and rubella (MMR) vaccine is part of the routine immunization schedule and has been shown to be up to 97% effective after two doses, the CDC says. Adults without immunity through vaccination or infection should also get vaccinated, the agency notes. At least 62 people in the U.S. were infected with measles while traveling on an airplane this year, a CDC spokesperson told ABC News in part of a statement. "There has been only one situation during this period in which measles appeared to have been transmitted during air travel, " the spokesperson added. In South Dakota, the person infected with measles visited two medical centers where others may have been exposed to the virus. The Department of Health says anyone who was at the Rapid City Medical Center Urgent Care waiting room on May 28 between 7:15 a.m. and 10 a.m., or at Monument Health Sturgis Urgent Care waiting room on May 29 between 9:45 a.m. and 3 p.m., should watch for signs of illness. Health officials explain that the early signs of measles appear in two stages. In the first stage, symptoms include a runny nose, cough and slight fever. The eyes may become red and sensitive to light while the fever rises each day. The second stage begins between three and seven days after symptoms start, with temperatures reaching 103 to 105 degrees Fahrenheit and a red blotchy rash that lasts between four to seven days. The rash typically starts on the face before spreading to the shoulders, arms and legs. "Measles is a highly contagious viral disease and spreads through the air from an infected person," Dr. Joshua Clayton, state epidemiologist, told ABC News. "Individuals who lack immunity from vaccination or past infection are at high risk of measles infection if they have contact with an infected person." According to state health officials, the measles vaccine offers the best protection against infection. People are considered immune to measles if they were born before 1957, received one dose of the measles vaccine (MMR) as an adult, received two doses of the measles vaccine (MMR) as a child or high-risk adult, have measles antibodies shown by a lab test, or had a previous measles infection confirmed by a lab test. The Department of Health notes that the MMR vaccine is typically given at 12 to 15 months of age, with a second dose at four to six years. For international travel with children, MMR vaccines can be given starting at 6 months of age. Learn more about measles on the Department of Health website
Yahoo
5 hours ago
- Yahoo
No more vetoes, Pillen says as 2025 Legislature wraps up; two lawmakers relieved
State Sen. Megan Hunt of Omaha speaks on the floor of the Legislature on May 19, 2023, in Lincoln, Neb. (Zach Wendling/Nebraska Examiner). LINCOLN — Two Nebraska bills most vulnerable to a governor's veto in the waning hours of the 2025 Nebraska Legislature are about to become law without his objection. The pair — separate priority bills from Omaha State Sens. Megan Hunt and Terrell McKinney — were among a late wave of 26 bills approved by the full Legislature and awaiting action by Gov. Jim Pillen as lawmakers adjourned for the year. Both the Hunt and McKinney bills cleared final votes Friday by less than the number needed to override a veto. Pillen, in a letter early Monday to the Clerk of the Legislature, said all the bills on his desk 'will become law without my objections in the coming days.' Included in the 26 bills Pillen is expected to approve were three sent to his desk Monday. That negated any need for veto override attempts on the Legislature's final day. Hunt said she was 'surprised,' and excited to see her Legislative Bill 275 cross the finish line. The bill reforms the use of Social Security benefits received by eligible Nebraska foster children, in part strengthening communication between the Nebraska Department of Health and Human Services and the youth's representative. Hunt described recipients as among the state's most vulnerable, because the benefits are related to the death of a parent or guardian or a physical or mental disability. DHHS currently intercepts the Social Security benefits bound for those kids and uses the funds to offset the state costs of the youths' care. LB 275 requires DHHS to set aside at least 20% of all Social Security benefits in a separate trust fund, beginning when the foster youth is 14, with the percentage increasing gradually to 50% at age 18. Meant to ease transition to adult independence, it brings Nebraska 'in line with federal law to provide further accountability, transparency and conservation of a portion of the funds in a trust account for the youth's own use when they exit state care.' Hunt said she thought LB 275, which advanced to Pillen's desk on a 29-19 vote, might be in jeopardy partly because of a roughly $1 million in annual notification and operational costs estimated in a fiscal note and also because of a pattern of Pillen's vetos, which she said have been 'less about policy and more about the introducer.' McKinney said Monday that he was unsure what Pillen might do on LB 48, his bill aimed at helping to keep youths out of the criminal justice system. He said he was happy to see it unobstructed by a veto, and proud of the accomplishment. 'It's good legislation that's going to help a lot of families and juveniles, keeping them out of the system,' he said. LB 48 calls for an around-the-clock Family Resource and Juvenile Assessment Center pilot program in Omaha. The goal is two sites that will address family dynamics, mental health, substance abuse and educational challenges to juvenile delinquency. The bill faced resistance and near demise during earlier legislative debate. It passed final reading on a 27-21 vote. Of 26 bills awaiting Pillen's signature Monday, two others passed final legislative debate with 33 votes; four passed with vote tallies in the mid to upper 30s, and the rest secured 40 or more votes. Said Hunt: 'I'm excited now to breathe a sigh of relief and move on to the next issue.' Nebraska Examiner reporter Zach Wendling contributed to this report. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX