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Judge rules extreme heat in Texas prisons is unconstitutional

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feeds.texastribune.org – By Pooja Salhotra – 2025-03-26 21:50:00

Federal judge rules prison heat conditions are unconstitutional, but doesn’t require air conditioning” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

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Housing Texas prison inmates in sweltering facilities that lack air conditioning is “plainly unconstitutional,” U.S. District Judge Robert Pitman said Wednesday in a groundbreaking, 91-page ruling.

The judge declined to order the Texas Department of Justice to immediately install temporary or permanent air conditioning, instead forcing the plaintiffs to move towards a trial.

Pitman wrote that the case will likely move to a bench trial and that the plaintiffs and defense must submit a proposed timeline for legal proceedings by April 10.

Still, Marci Marie Simmons, who was previously incarcerated and is among the plaintiffs in the lawsuit, called the decision a win and said she hopes the ruling pushes state lawmakers to fund prison air conditioning. At least five bills, including House Bill 2997 and House Bill 1315, have been filed this session that would require state prisons to be equipped with air conditioning, but none of the bills have received a hearing yet.

“This is a federal judge saying Texas is unconstitutionally housing people in these dangerous and deadly temperatures,” Simmons said. “I cried. I cried for my people on the inside.”

The Texas Department of Criminal Justice did not immediately respond to a request for comment.

The background: About 85,000 Texas prison inmates reside in facilities that do not have air conditioning in most living areas. During the summer, high temperatures can create dangerous conditions that have been exacerbated in recent years by climate change.

At least 23 individuals died from heat-related causes in TDCJ prisons between 1998 and 2012, according to court documents. According to a 2022 study, 14 prison deaths per year are associated with the heat. And a Texas Tribune analysis found that at least 41 people died in uncooled prisons during a record-breaking heat wave last year.

Autopsy reports for several prisoners who died in uncooled cells mention heat as a possible cause of death, KUT reported. But a criminal justice agency spokesperson told the news organization that underlying medical conditions, not heat, caused those deaths. During an August 2024 court hearing, prison officials admitted that extreme heat contributed to those inmates’ deaths but said heat was not the only culprit.

The state agency has previously been sued over the extreme heat in uncooled cells. In 2018, the agency reached a settlement with inmates in a class action lawsuit and agreed to install air conditioning in one notoriously hot prison called the Wallace Pack Unit, a geriatric prison. Sick or elderly prisoners were also moved into cool housing.

Already, Texas law requires county jails to be kept between 65 and 85 degrees. Other facilities, such as animal shelters, also have heat rules.

State lawmakers did not put any money directly towards air conditioning prisons last year, when they had a $32.7 billion budget surplus. The Texas House had budgeted $545 million for prison air conditioning but the more conservative Senate offered nothing.

The state did allocate $85 million to the TDCJ, and the agency is using that money to pay for air conditioning units. That money will help about 10,000 inmates move into air conditioned facilities. So far, only $13 million of that has been expensed or obligated, TDCJ spokesperson Amanda Hernandez told the Texas Tribune in February.

Why advocate groups sued: In April, four nonprofit organizations joined a lawsuit originally filed last August by Bernie Tiede, an inmate who was housed in a Huntsville cell where temperatures exceeded 110 degrees. The new filing expanded the plaintiffs to include every inmate incarcerated in uncooled Texas prisons.

Lawyers and advocates said they hoped to prove the lack of air conditioning created conditions that amount to unconstitutionally cruel and unusual punishment.

“What we are doing is overheating the body for long periods of time which is detrimental to the body…. we’re literally cooking them,” said Amite Dominick, founder of Texas Prison Community Advocates, one of the plaintiffs in the lawsuits. “People don’t live when you cook them.”

Dominick and others also argue that the measures the state has taken to respond to the heat, such as giving inmates access to cold towels and respite areas, are insufficient.

What the state says: The agency estimates that installing permanent air conditioning in every unit would cost more than $1.1 billion and would come with an annual operating cost of close to $20 million, according to court documents.

During a hearing last year TDCJ Executive Director Bryan Collier said he wants to install air conditioning in every prison but that he simply doesn’t have the funds to do so.

Prison leaders also pointed to their “heat protocols,” such as allowing inmates access to cool respite areas, making electrolytes, water and ice readily available, and training correctional staff on the signs and treatment for heat-related illness.

Heat mitigation policies are inadequate, Pitman said, evidenced by the fact that “dozens” of inmates have died or fallen ill because of extreme heat even with those measures in place.

Inmates are also screened for medical conditions that would make them more sensitive to the heat. Those with heat sensitivity get priority placement for air-conditioned housing, a TDCJ spokesperson said. As of Aug. 7, more than 12,000 inmates had a heat sensitivity score, thespokesperson said.

Pitman said such measures are arbitrary, citing examples of individuals who would not qualify for a heat score despite their medical condition, including “a 90-year-old with hypertension” and someone who has a seizure disorder. Only about 10% of Texas prison inmates have a heat score, even though all of the roughly 134,500 people incarcerated in them face “a substantial risk of serious harm from the extreme heat in unair-conditioned facilities,” Pitman wrote.

Broader impact: Lawsuits about heat in state prisons have also been filed in other southern states including Louisiana and Georgia. If Texas is ultimately required to air condition its prisons, the state agency will face a large cost that lawmakers have previously not approved.


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This article originally appeared in The Texas Tribune at https://www.texastribune.org/2025/03/26/texas-prison-air-conditioning-lawsuit/.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

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News from the South - Texas News Feed

Bystander shot during 2023 police shooting in Austin files lawsuit

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www.kxan.com – Brianna Hollis – 2025-09-09 13:25:00

SUMMARY: In December 2023, Nakole Curry, 24, filed a lawsuit after being struck in the eye by a bullet during a police shooting outside Soho Lounge on Austin’s Sixth Street, resulting in permanent blindness. The shooting occurred when a man attempted to illegally bring a gun into the bar, prompting police to intervene. The suit alleges insufficient de-escalation efforts and names the City of Austin, APD, and Soho Lounge. The officers involved were not charged, and the internal investigation closed in October 2024. Curry seeks a jury trial and damages capped by Texas law. The APD offers victim support through the Crime Victims’ Compensation Fund.

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The post Bystander shot during 2023 police shooting in Austin files lawsuit appeared first on www.kxan.com

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Israeli military urges full evacuation of Gaza City ahead of expanded military operation

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www.kxan.com – WAFAA SHURAFA, SAMY MAGDY, and MELANIE LIDMAN, Associated Press – 2025-09-09 07:15:00

SUMMARY: The Israeli military urged a full evacuation of Gaza City ahead of an expanded offensive targeting Hamas’ stronghold amid severe famine conditions. Despite warnings, few Palestinians have left due to exhaustion, overcrowded displacement sites, and high evacuation costs. Israel demolished 50 high-rise buildings, claiming they housed Hamas military infrastructure. Emergency responders rescued some survivors but faced equipment shortages. Protests erupted in Gaza against the evacuation, with medical staff refusing to leave. Hostage families in Jerusalem urged a diplomatic resolution. The UN highlighted the humanitarian crisis, noting displaced families lack shelter and basic needs. Meanwhile, violence continues in the West Bank, with recent killings and retaliatory Israeli measures.

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‘Resilience and hope’ in Galveston: 125 years after greatest storm in US history | Texas

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www.thecentersquare.com – By Bethany Blankley | The Center Square contributor – (The Center Square – ) 2025-09-09 06:00:00


The Great Storm of 1900 devastated Galveston on September 8, killing over 8,000 people and causing $30 million in damages. Winds reached 100 mph, tides rose 16 feet, and nearly all buildings were destroyed, leaving thousands homeless. The aftermath involved severe challenges, including corpse disposal by burning to prevent epidemics, martial law, and widespread suffering. Yet, survivors, led by local leaders, rebuilt the island with seawalls, enabling it to withstand future hurricanes. On the 125th anniversary, the Bryan Museum unveiled “The Emotional Trinity,” a painting symbolizing hope amid tragedy. The storm remains the deadliest U.S. natural disaster in history.

(The Center Square) – Hope remains 125 years after the Great Storm of 1900 decimated Galveston Island.

On Sept. 8, 1900, a massive hurricane tore through Galveston, creating an estimated $30 million worth of damages at the time.

The last wind speed measured 100 miles an hour before instruments were blown away. The tide reached roughly 16 feet above sea level; the barometric pressure at 7:30 PM “was the lowest ever recorded in the United States to that day,” according to accounts in a Rosenberg Library exhibit in Galveston.

An estimated more than 8,000 people were killed in Galveston and north on the mainland, although total deaths are unknown and believed to be much higher. At least 8,000 were left homeless; nearly all buildings and churches were destroyed. Bridges, train tracks, utilities and telegraph lines were wiped out. Ocean steamers were stranded; boats were destroyed. No fresh water and a limited food supply created a desperate situation for survivors.

Corpses were strewn on land and floating in the Gulf. Dead animals, rotting vegetation and fragments of houses were piled stories deep, stretching across the east end of the island.

“There is hardly a family on the island whose household has not lost a member or more, and in some instances entire families have been washed away or killed. Hundreds who escaped from the waves did so only to become the victims of a worse death, being crushed by falling buildings,” one account describes in “Galveston in Nineteen Hundred,” published in 1900 and edited by Clarence Ousley of the Galveston Tribune.

After extensive looting and price gouging ensued among the living, the mayor declared martial law, enforced by the military and local police. All able-bodied men were required to collect the corpses to bury. The volume was so great there wasn’t enough land, men, horses and carts to bury them. Attempts to bury corpses at sea resulted in them washing back ashore. The only solution left was to burn bodies, which lasted for months. Identification of the dead was impossible, according to multiple accounts.

“Bonfires are burning all over the city. They are the funeral of a thousand festering corpses cast back upon the shore at high tide,” another account from Galveston in Nineteen Hundred reads. “Cremation has become a necessity to prevent an epidemic. The townspeople are paralyzed with fright and suffering, or are making preparations to leave the doomed island.”

After appeals were made by the governor and Clara Barton, founder of the Red Cross, relief money, supplies, volunteers and messages of hope poured in from across the country.

“In the wake of the disaster of 1900, the determined majority of the survivors stayed on Galveston Island and turned their eyes to the future,” the library states. They were led by a group of businessmen resolved to rebuild. Among them was W. L. Moody, Sr., who said, “Galveston will be rebuilt stronger and better than ever before.”

Within a few years, part of the east end of the island was raised and a seawall was built. The island survived a massive hurricane in 1915 and every subsequent hurricane. In 125 years, the island’s population increased roughly 35%; more than 8 million visit a year.

Among the many commemorative events on Sept. 8, was the unveiling of the Bryan Museum’s first grand scale outdoor painting, “The Emotional Trinity: Hope, Fear and Awe,” painted by Vickie McMillan-Hayes. It’s available to view for free.

“In the world’s great tragedies that of Galveston stands remarkable. In no other case in history has a disaster met with such courage and fortitude; in no other case in history were the people of the whole world so responsive to the call for help for the helpless,” the museum states.

Its founder, J.P. Bryan, another instrumental leader in Texas and descendent of Stephen F. Austin’s sister, encouraged the public at the unveiling, “in all things great or small, never give in. … Hope abides abundantly regardless of the tragedy and the magnitude of it that you might face like we faced here in Galveston. God’s amazing grace is available for all of us who seek it, and it abides abundantly in our lives.”



Native Texan and wildlife conservation artist Vickie McMillan-Hayes painted “The Emotional Trinity: Hope, Fear and Awe,” in commemoration of the 125 year anniversary of the Great Storm, which killed more than 8,000 people in Galveston on Sept. 8, 1900. It remains the greatest natural disaster in U.S. history. The painting is permanently displayed at the Bryan Museum in Galveston and is free to the public to view.




The painting depicts a woman holding her baby, with her son clinging to her legs, looking at sunlight with the ruins of Galveston below. The baby represents awe; the boy, fear and comfort. The mother “isn’t looking down at destruction but is gazing at hope,” Hayes said. “She has fixed her eyes upon something beautiful. She is looking to the future, renewal, rebirth. She had a choice to look down at the devastation and distraction or to lift her gaze up … in hope.

“This is a question we can all ask ourselves when faced with difficult circumstances, what are my eyes fixed on? Does it lead me on a path of peace and hope for myself? It is the Lord Jesus Christ who gives me great hope,” she said. “It is fixing my eyes on him and him alone.”

The painting was collaborative, with members of the public brushing strokes. “We all came together and added our stroke of paint to this piece, and we were a community at large coming together, making a statement of resilience and hope faced with tragedy,” she said.

The Storm of 1900 remains the deadliest natural disaster in U.S. history.

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Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Centrist

The article primarily reports on the historical event of the Great Storm of 1900 in Galveston, focusing on the facts, human impact, and community response without promoting a particular political ideology. The tone is factual and commemorative, emphasizing resilience and hope in the face of tragedy. While it includes references to faith and community values, these elements are presented as part of personal perspectives rather than a political stance. Overall, the content adheres to neutral reporting by recounting historical events and public reactions without endorsing or criticizing any political viewpoint.

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