JUDGE DECLARES HEAT ON DEATH ROW CRUEL AND UNUSUAL PUNISHMENT

Federal Judge Brian Jackson has ordered Louisiana to air condition its death row at the Angola prison

The Advocate reports that last summer Chief U.S. District Judge Brian Jackson toured Louisiana’s Angola prison and found the heat indexes in the prison’s death row so high that in December he ruled the heat constitutes cruel and unusual punishment. Jackson ordered that heat indexes (how hot it actually feels) were not to exceed 88 degrees.

In response to Jackson’s order, the state proposed a plan in February to cool its death row down by adding air conditioning, providing chests filled with ice, and letting inmate have as once-daily cold shower.

On Friday the judge ordered the immediate implementation of the state’s plan and required the state to record temperature, humidity and heat index data from each death-row tier every two hours from June 1 through Oct. 31. Jackson appointed Lafayette civil lawyer Paul J. Hebert as special master to oversee the plan’s implementation and to monitor the conditions on death row. Herbert must report his findings every 30 days starting July 1.

The state is appealing Jackson’s order and asking for a stay because “Given the significant issues involved in this litigation which have far-reaching effects on many correctional institutions in Louisiana, Texas and Mississippi, the department intends to seek a thorough review of the trial court’s decision with the U.S. Fifth Circuit Court of Appeals.”

I must congratulate and commend Judge Jackson for his kindhearted ‘hug a convict’ ruling. After all, those poor souls on death row are not there for a short period of time. Some have been roosting there more than 20 years and most will be there for at least 10 years. I am so grateful that Jackson will not allow those misfortunate death row inmates to suffer any longer.