Federal lawsuit could mandate AC in hot Texas prisons

AUSTIN (Nexstar) — The Texas Department of Criminal Justice was in court Friday for the final day of this week's hearings spurred by plaintiffs' allegations that hot conditions inside Texas prisons are dangerous and unconstitutional.

The case is led by plaintiff Bernie Tiede, the Tyler mortician convicted of murder in 1996 and the subject of Ricard Linklater's movie "Bernie." He alleges he has medical conditions that place him at higher risk of heat-related illness and death. The case asks the court to mandate air conditioning in all facilities.

"I'm really hoping that these federal courts will act in empathy and compassion, and even act responsibly, prudently, towards taxpayers dollars that are literally going to fund people being tortured and dying in Texas prisons," Dr. Amite Dominick with Texas Prison Community Advocates said.

TDCJ Executive Director Bryan Collier acknowledged that at least three inmate deaths in 2023 were related to the heat, even though the department has not reported a heat death since 2012. Advocates and family members worry deaths go underreported.

"They don't understand the need," Texas Prison Community Advocate's Brittany Robertson said. "For (TDCJ), it's about money and time. However, we don't have the time. We're losing people every day."

Collier conceded he would like to have universal cooling in their facilities, but said he would need funding from the legislature. Last year, the state awarded TDCJ $85 million for maintenance and renovations, and the department has put that towards building more air conditioning. Even after all planned AC projects are completed, however, about two-thirds of Texas' 130,000 inmates will live in uncooled cells.

U.S. District Judge Robert Pitman is expected to issue a ruling in the case later this month.