#85 to Stay Alive Litigation
Historically, incarcerated individuals in Texas have filed numerous lawsuits challenging the dangerous and inhumane heat conditions inside the state's prisons. While many cases have been dismissed or resulted in limited relief, several have helped shape the legal fight for humane temperatures and constitutional protections. This page explores the landmark Pack Unit lawsuit, the ongoing Fifth Circuit Unit litigation, key court rulings, and the legal efforts to hold the Texas Department of Criminal Justice accountable for extreme prison heat.
The Pack Unit Lawsuit
The Pack Unit lawsuit, formally known as Cole v. Collier, was a landmark case filed in 2014 on behalf of elderly and medically vulnerable inmates at the Wallace Pack Unit, a prison located near College Station, Texas.
The lawsuit argued that the extreme heat conditions in the prison, where indoor temperatures regularly exceeded 100°F, violated the Eighth Amendment's prohibition against cruel and unusual punishment.
This case garnered widespread attention due to the dangerous heat conditions faced by inmates, and in 2018, a groundbreaking settlement was reached. The state of Texas agreed to install air conditioning in the Pack Unit, a decision that was hailed as a major victory for prison reform advocates.
Judge Keith Ellison, who presided over the case, stated that the conditions represented a clear violation of the inmates' Eighth Amendment rights.
However, the cost and scope of the settlement sparked controversy. The lawsuit itself cost the state $7.2 million, while the actual cost to install air conditioning in the facility was $3.8 million. Despite this victory, the settlement applied only to the Pack Unit and did not extend to other Texas prisons, leaving the issue of extreme heat in correctional facilities largely unaddressed on a statewide level.
Below are several key documents from the Pack Unit lawsuit.
Cole-Document-1188-Final-Order 6.8.2018
Current 5th Circuit Unit Lawsuit
Texas Prisons Community Advocates (TPCA) is a plaintiff in a federal lawsuit asking the court to declare the Texas Department of Criminal Justice's (TDCJ) extreme heat policy unconstitutional and require prison temperatures to remain between 65°F and 85°F.
"Let's ensure that no one else — inmates or corrections officers — suffers these inhumane conditions," — Richard Linklater, Filmmaker
"Texas needs to treat this matter with urgency" — Dr. Amite Dominick, TPCA President and Founder
Why this lawsuit matters
Unlike previous cases that affected only individual prisons, this lawsuit seeks statewide reform.
The goal is simple: establish a universal temperature standard that protects everyone incarcerated in Texas prisons, regardless of where they are housed.
As extreme heat becomes more frequent and severe, the case argues that dangerous indoor temperatures violate constitutional protections and place thousands of lives at risk.
The limits of the current system
Following the 2018 Pack Unit settlement, TDCJ created a system to identify incarcerated people who should receive air-conditioned housing.
About 12,000 people have been assigned a heat sensitivity score. Court testimony, however, revealed significant gaps. People with conditions such as diabetes, epilepsy, or advanced age may not qualify for air-conditioned housing unless they meet narrow medical criteria. Even Bernie Tiede—who had diabetes, asthma, obesity, and was over 65—was not identified as heat sensitive under the system.
The lawsuit argues these limitations leave many medically vulnerable people without adequate protection.
Testimony under oath
During the proceedings, senior TDCJ officials minimized the impact of extreme heat. Agency Director Bryan Collier testified that heat was only an "additional" factor in deaths linked to medical conditions. When asked about incarcerated people who complained about dangerous temperatures, he responded:
"I don't know that they're not safe. They're just complaining."
Ron Hudson, who oversees TDCJ facilities, also testified that heat was not causing deaths or serious illness. That testimony conflicted with TDCJ's own training materials, which identify heat as one of the leading causes of serious injury among correctional staff.
Questions about prison records
At a preliminary hearing, U.S. District Judge Robert Pitman reviewed prison temperature logs submitted as evidence. He identified one log as a "fabricated document" after finding major discrepancies between the prison's records and National Weather Service data. One entry recorded an outdoor temperature of 79°F on a day when the official high reached 96°F. Judge Pitman questioned whether inaccurate information had also been provided to state legislators and ordered further scrutiny of the records.
What's next
Both sides have submitted summary filings and are awaiting Judge Pitman's decision. A favorable ruling could establish statewide standards requiring Texas prisons to maintain safe indoor temperatures, protecting the health and dignity of incarcerated people for years to come.
Court filings and transcripts are available below for those who wish to learn more.
Press Release for Virtual Press Conference - Deadly Heat in Texas Prisons April 21, 2024
5th Circuit Unit Lawsuit
Court Filings
First Amended Complaint - 57-5.7.2024
Response summary 187 - Findings of Fact - Highlighted 8.22.2024
5th Circuit Unit Lawsuit
Preliminary Hearing Transcripts
Richard Linklater, Bernie Tiede Plead for A/C in Texas Prisons
Bernie Tiede, the mortician whose story was depicted in Richard Linklater's dark comedy Bernie, provides a striking example of how extreme heat conditions in Texas prisons are being challenged in court. His lawsuit highlighted the dangerous and inhumane conditions many incarcerated people face due to the lack of temperature regulation, particularly during periods of extreme heat.
The case underscores the broader issue of extreme heat in Texas prisons and the legal efforts to secure basic constitutional protections. It also highlights the need for universal temperature standards across all Texas prison facilities.
Relevant Documents:
Amicus Brief TDCJ Heat Case 2024
TDCJ's Temperature Records
Cannot Be Trusted
For years, TPCA has obtained prison temperature logs through Texas Public Information Act requests. These records have also been provided to lawmakers as evidence of conditions inside Texas prisons.
The problem: the records are inaccurate.
Court proceedings revealed serious discrepancies in temperature logs submitted by TDCJ, including Defendant's Exhibit 76. Logs from July 1, 2, 6, 7, 12, 13, and 14, 2022, contained duplicated entries, inconsistent handwriting, and other irregularities that raised significant concerns about whether the records had been altered or fabricated. On July 12, entries attributed to different individuals appeared to be written in the same handwriting and ink.
These were not minor clerical errors. They called into question the reliability of the agency's temperature records.
U.S. District Judge Robert Pitman expressed deep concern, stating:
"The Court has no confidence in the data that TDCJ generates... TDCJ is undercounting heat-related injuries and deaths, keeping unreliable records about temperature conditions, and inadequately providing heat mitigation measures."
The court also heard evidence of significant differences between heat-related illnesses documented by the University of Texas Medical Branch (UTMB) and the information reported by TDCJ.
When the state agency responsible for protecting lives cannot produce reliable records, accountability becomes impossible.
Our Call for Action
Texas legislators must fully investigate the integrity of TDCJ's temperature reporting and ensure complete transparency.
We are calling for:
✅ Full air conditioning in all Texas prisons, not temporary or piecemeal solutions.
✅ Accountability for inaccurate or misleading reporting.
✅ Independent legislative oversight that prioritizes transparency, public trust, and human dignity.
Read More:
Judge Pitman Issues Ruling in AC Lawsuit
A federal court has confirmed what incarcerated Texans, correctional staff, families, and advocates have long known: extreme heat in Texas prisons poses a serious constitutional concern.
Although the court denied the request for temporary air conditioning while the case proceeds, Judge Robert Pitman's ruling delivered a sharp rebuke of TDCJ's heat mitigation policies and acknowledged the strength of the plaintiffs' claims.
Among the court's findings:
"TDCJ has admitted that at least 23 individuals died in TDCJ facilities from heat-related causes between 1998 and 2012, and credible evidence presented at the hearing shows that TDCJ has underestimated this number."
"TDCJ now concedes that there were at least three heat-related custodial deaths in the summer of 2023."
"In 2022 and 2023, TDCJ staff filed nearly 80 workers' compensation claims related to the heat."
"Collier knew TDCJ's heat mitigation policies were inadequate. He admittedly knew that dozens of TDCJ inmates had died or fallen ill because of extreme heat with those measures in place."
"The Court acknowledges that Plaintiffs experience irreparable harm... TDCJ's heat score system is arbitrary, inadequate, and ineffective."
"The Court finds that Plaintiffs have met their burden of establishing a likelihood of success on the merits that Collier is violating the Eighth Amendment's prohibition against cruel and unusual punishment."
This ruling marks a significant step forward. While the litigation continues, the court's findings reinforce what advocates have argued for years: Texas must implement meaningful, statewide protections against extreme heat in its prisons.