Death row inmates at Louisiana State Penitentiary who claimed in a federal lawsuit that triple-digit temperatures inside their cells at Angola amounts to cruel and unusual punishment have been denied a rehearing of their case.
The decision by the 5th U.S. Circuit Court of Appeals not to re-examine the case, which was handed down Friday (Aug. 14), upheld a decision delivered July 8 by a three-judge 5th Circuit panel. The July 8 decision found heat indices reaching up to 108 inside the inmates' cells did, in fact, violate the Eighth Amendment of the U.S. Constitution. However, the panel explained in its July 8 decision, the prison should not be required to install air-conditioning on death row to remedy the violation.
U.S. District Judge Brian Jackson had earlier ruled the conditions were unconstitutional and ordered the state to create and implement a plan, which included air conditioning, for cooling off death row.
The state appealed Jackson's decision, but in the meantime, a plan was drafted. Death row tiers, built in 2008, are only heated and ventilated. The plan would have also provided inmate with chests filled with ice and allowed them daily cold showers. An appeals court intervened on behalf of the state before the prison ever put the plans in place, halting the implementation with an injunction while agreeing to take a look at the case.
The 5th Circuit on July 8 offered a few reasons why installing air conditioning on death row would have gone too far to provide relief for the plaintiffs. Air conditioning would be available year-round, when temperatures were often not extreme; it would cool off inmates who didn't have medical conditions worsened by heat; and air conditioning "of course is expensive."
Source: Nola, Emily Lane, August 17, 2015
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