In Austin, Texas, a federal judge declared that the intense heat in Texas prisons is “plainly unconstitutional.” Despite this finding, he stopped short of demanding that the state embark on an immediate installation of air conditioning, which could incur costs in the billions.
The judge’s decision backed claims laid out by advocates representing those incarcerated in Texas where summer temperatures often exceed 100 degrees Fahrenheit (38 degrees Celsius). However, the advocates will need to advance their legal battle further with a court trial in the future.
Initially filed in 2023 by Bernie Tiede, a former mortician serving a life sentence whose story inspired the movie “Bernie,” the lawsuit later attracted various prisoners’ rights groups keen to join and broaden the litigation. They argue the harsh temperatures in state facilities embody cruel and unusual punishment, and they seek to mandate the installation of air conditioning statewide.
Jeff Edwards, lead attorney for the prisoners and their advocates, viewed the judge’s ruling as a triumph, even without an immediate remedy. “We proved our case,” Edwards said, “The court has clearly stated that what the state is doing is unconstitutional and endangering the lives they should protect. This is just the first step in transforming the Texas prison system.”
He also conveyed urgency in seeking quick relief for inmates. “It’s unfortunate we can’t shield them with temporary relief this summer, but we’ll act swiftly,” Edwards added. Texas houses over 130,000 prisoners, the most in any U.S. state. Only about one-third of the 100 or so prison facilities are fully equipped with air conditioning, with the rest having either partial or no mechanical cooling at all.
In his ruling on a temporary injunction, U.S. District Judge Robert Pitman stated, “This case concerns the plainly unconstitutional treatment of some of the most vulnerable, marginalized members of our society.” He made it clear that excessively high temperatures likely constituted unconstitutional punishment.
The judge added that ordering the state to spend “hundreds of millions, if not billions of dollars to install permanent air conditioning in every prison,” could not be achieved within the 90-day injunction period. He noted that even installing temporary cooling systems might take months and potentially delay a permanent fix. Pitman anticipated the case would continue to trial, allowing advocates to persist with their arguments.
He also forewarned the state of a probable unfavorable outcome at trial, which might include a directive to implement air conditioning. Meanwhile, the state Legislature, in session until May and responsible for the biannual budget, is considering proposals to mandate air conditioning in prisons. Despite ongoing complaints from the Republican-majority Legislature about extreme prison heat for several years, little action has been taken. In a 2018 case, the state was ordered to air-condition a unit for older and medically vulnerable prisoners.
The Texas Department of Criminal Justice has not yet commented on the ruling. Texas faces similar lawsuits alongside Louisiana and New Mexico, addressing dangerously hot prison conditions. A case filed in Georgia in July claimed an individual died after being left in an outdoor cell without water, shade, or ice.
A study conducted in November 2022 by researchers at Brown, Boston, and Harvard universities revealed that 13%—or 271—of the deaths in Texas prisons without comprehensive AC between 2001 and 2019 could be attributed to severe heat. Advocates expect these figures to rise given the state’s increasing extreme weather conditions tied to climate change.
During a hearing last year, former inmates recounted their harrowing experiences in oppressive heat conditions, where temperatures reportedly climbed above 120 degrees Fahrenheit (48.9 Celsius). They described desperate measures to cool down, like dousing themselves with toilet water, faking suicide attempts to be moved to cooler areas, or setting fires to prompt guards to spray cells with water.
“It’s a shame it takes a federal court to instigate change,” Edwards remarked. “This isn’t the 1600s, this is 2025.” Texas Department of Criminal Justice Director Bryan Collier admitted that heat contributed to three deaths from various causes in 2023, adding that both staff and inmates have, at times, been overcome by the heat.
While the state challenges the accounts of hundreds of deaths attributed to heat as alleged by advocates, they argue that Texas has instituted effective heat-reduction measures, such as offering fans, towels, and access to cooler “respite” areas. Collier stated he supports the idea of air conditioning throughout the prison network, but funding by state lawmakers remains inadequate for such an undertaking.