In the state of Texas, county jail temperatures must stay between 65 and 85 degrees Fahrenheit. Federal prisons in Texas have a 76-degree maximum. Yet there is no such protection from soaring summer heat in state prisons, where air conditioning is not required. That’s led to a recent lawsuit to change that fact. A well-known Texas inmate filed the initial lawsuit that has since expanded to cover other inmates, as well. That inmate is Bernie Tiede, the former Texas funeral director convicted of murdering a wealthy widow and hiding her body in a meat freezer. His suit, filed in federal court last August, described the conditions in his “oven-like” jail cell as inhumane. Tiede was eventually moved to a cell with air conditioning.
As The Texas Newsroom’s Lauren McGaughy reports, the head of the state prison agency was expected to testify about allegations that inmates are dying from extreme heat behind bars. Only 30% of prisons have air conditioning in Texas. That’s according to a July 2022 study by Texas A&M researcher J. Carlee Purdum. He reported that inside temperatures regularly reach over 110 F during the summer months. At least one reached 149 degrees. Inmate rights groups contend that such harsh conditions are tantamount to cruel and unusual punishment.McGaughy says Jeff Edwards is their lawyer. He wants air conditioning in every Texas prison. “The only reason they can give for not implementing it is cost. And cost, when compared to the value of a human life, is a terrible answer and epitomizes the word indifference. And that’s what our case is about.” Autopsies show extreme temperatures may have contributed to several inmate deaths just last year. The state prison department denies that, saying no inmates have died from heat since 2012.

The Texas Department of Criminal Justice (TDCJ) does have protocols for hot-weather. When the heat index rises above 90 degrees outside, additional water, ice and cups are to be provided. And according to the TDCJ, “offenders with medical conditions that make them susceptible to heat stress are put onto a Heat Restriction List, and officers conduct wellness checks on them during normal security checks.” A federal judge in Austin begins hearing the case on this Tuesday, July 30.