Extreme heat in prisons is cruel, unusual and unconstitutional 

Millions of Americans live without air conditioning. Estimates put that number as high as 35 million. And, as Professor Nambi Ndugga and his colleagues report, “Asian, Black, and Hispanic- led households are more likely to report not having an air conditioning unit in their home compared to white households and keeping their homes at unsafe or unhealthy temperatures.” 

Such conditions are especially prevalent in American prisons, particularly in Deep South states like Louisiana, Mississippi and Texas. In those prisons, summertime temperatures can routinely reach triple digits.

A report from the Prison Policy Institute notes that prisons “are mostly built from heat-retaining materials, which can increase internal prison temperatures. Because of this, the temperatures inside prisons can often exceed outdoor temperatures.” 

“Moreover,” it continues, citing a report in Prison Legal News, “‘people outside of prison who experience extreme heat have options that prisoners often lack — they can take a cool shower, drink cold water, move into the shade, or go to a place that is air conditioned. For prisoners, those options are generally unavailable.’” 

On Sept. 22, Robert Pitman, a federal district judge in Texas, ruled that the failure to provide cooling in the Lone Star State’s prisons constituted a form of cruel and unusual punishment that is prohibited by the Constitution. He was right to do so, and his opinion should be a model for judges in other states.

Some might think that Pitman........

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