TALLAHASSEE, Fla. – It was the hottest September in more than a century in parts of South Florida, and Dwayne Wilson could hear his 81-year-old fellow inmate gasping for breath and crying out for help at the Dade Correctional Institution, 45 miles southwest of Miami on the edge of the Florida Everglades.
The elderly man was confined to a wheelchair and for weeks had been complaining of severe chest pain and difficulty breathing in the unventilated dorm where he was serving his sentence, according to a federal class action lawsuit filed this week on behalf of Wilson and two other inmates at the prison.
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Early on the morning of Sept. 24, the wheelchair-bound inmate, who is identified in the lawsuit as J.B., was heard once again begging for help, according to the lawsuit. A prisoner wheeled him to the infirmary, where within 15 minutes medical staff ordered him to return to his cell, according to legal filings.
Soon after, J.B. was found unresponsive, his mouth gaping open, the lawsuit says.
Attorneys said that on the day the 81-year-old died, the exhaust fans in his dorm weren't working and the heat index had climbed to 104 degrees Fahrenheit (40 degrees Celsius). Living in the prison's unairconditioned cells could feel like “being locked in a sardine can with no air to breathe,” an inmate identified in the lawsuit as G.M. said, and the heat had taken a toll.
The lawsuit filed this week by the prison reform advocacy group Florida Justice Institute says that heat at the facility has contributed to the deaths of four people there and that prison officials have failed to take “meaningful action” to mitigate the risk posed to the elderly and disabled inmates in their care.
The lawsuit, which names the Florida Department of Corrections, the secretary of the department and the warden of DCI as defendants, argues that the conditions violate the protections of the Eighth Amendment, which bar cruel and unusual punishment, as well as the Americans with Disabilities Act and the Rehabilitation Act.
“We had to file this lawsuit because they’ve thus far ignored the concerns of incarcerated people and their advocates. And so it appears they need a court to order them to do what they should have done on their own,” said Andrew Udelsman, an attorney with the Florida Justice Institute.
A spokesperson for the Department of Corrections said the department doesn't comment on pending litigation and stated that the agency has no record of being served the lawsuit.
Extreme heat is the leading cause of weather-related deaths, according to the World Health Organization. While deadly heat is not new, scientists say it has been amplified in scale, frequency and duration with climate change. Last year, the United States had its most recorded heat deaths in more than 80 years, according to an Associated Press analysis of Centers for Disease Control and Prevention data.
Yet the majority of incarcerated individuals in sweltering Florida are serving their sentences in cells that don't have air conditioning, even as the state's rising temperatures continue to break records. The risk is even greater for the elderly and those with medical conditions that make them more susceptible to heat-related illness.
According to testimony that Department of Corrections Secretary Ricky Dixon gave to state lawmakers last year, 75% of the state's prison housing units are not air-conditioned. Bills filed last year that would have mandated the department install air conditioning in state prisons died in the Republican-controlled legislature.
“When you are in the facility and you visit a dorm that does not have air conditioning, you look at the guards who are tasked with maintaining security in those spaces, it is absolutely oppressive,” Republican State Sen. Jennifer Bradley said at a hearing last October.
“There are things we can do in our system to mitigate the heat. Or Florida will find itself on the receiving end of a lawsuit," she warned. "And it will be a lot more expensive.”
Florida is not alone in facing lawsuits over dangerously hot prisons. Cases have also been filed in Texas, Louisiana and New Mexico. One filed in Georgia in July alleged a 27-year-old inmate died after he was left in an outdoor cell for hours without water, shade or ice.
Udelsman said he hopes the Florida lawsuit will help compel the courts to set consistent safety standards for incarcerated individuals at risk of deadly heat exposure, at a time when climate change is compounding the threat for the country's increasingly aging and invalid prison population.
“Courts are increasingly confirming that these kind of conditions are not constitutional,” Udelsman said. "We hope this lawsuit will be another in that line ... that these dominoes will continue to fall."
___ Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.