There were allegedly five heat-related deaths over the last two summers in Texas prisons, the plaintiff’s attorneys presented on the first day of the federal trial over insufficient air conditioning in these facilities.
The Texas Department of Criminal Justice has not publicly acknowledged heat as a significant factor in these deaths, and the state’s attorneys also pushed back against these claims during the Monday proceeding.
The hearing in Austin followed a March 2025 ruling from U.S. District Judge Robert Pitman that said housing Texas prison inmates in sweltering facilities that lack air conditioning is “plainly unconstitutional.” The Obama appointee declined at the time to force TDCJ to immediately install temporary or permanent air conditioning, which the agency said could cost more than $1 billion. The judge instead pushed the plaintiffs — who are asking for the entire prison system to be air-conditioned by the end of 2029, along with measurable milestones during that period — toward a trial.
“TDCJ still refuses to treat this as an emergency,” attorney Kevin Homiak said in the opening statement for the plaintiffs, which include several organizations advocating for those in prisons.
Wade Johnson, an attorney defending TDCJ, countered that the agency is ramping up audits, mitigation efforts and the addition of cool beds. He also said the plaintiffs’ claim of deliberate indifference is an “extremely high standard to meet.”
Three of the suspected heat-related deaths took place between June and August 2024, according to the plaintiffs. The other two alleged cases happened in July and August 2025. In all of these cases, their attorneys showed that there were sweltering heat indexes near the time of their death, including some that reached well into the triple digits.
“Anytime you have an elevated core body temperature and … elevated environmental temperatures, heat should be considered,” said Paul Uribe, a forensic pathologist who testified for the plaintiffs.
Some of the alleged heat-related deaths, however, didn’t have a recorded body temperature — a gap that the plaintiffs’ experts say TDCJ must address in order to fully understand their deaths.
“How can you have a medical examiner give you the right opinion [about] the cause of death when that medical examiner doesn’t know the body temperature?” Susi Vassallo, a medical toxicology specialist, said.
Attorneys representing TDCJ argued that these deaths could be attributed to other issues instead, such as drug toxicity. They also pushed the experts to acknowledge that there are circumstances when first responders need to prioritize other actions over taking body temperatures, such as providing first aid.
Beyond these suspected cases, at least 23 individuals died from heat-related causes in TDCJ prisons between 1998 and 2012, according to court documents. More inmates and staff have also reported heat-related illnesses.
Throughout the lawsuit, costs have emerged as a major issue in adding air-conditioning to state prisons.
TDCJ estimates that installing permanent air conditioning in every unit would cost more than $1.1 billion and would come with an annual operating cost of close to $20 million, according to court documents. Former TDCJ Executive Director Bryan Collier said during a prior hearing he wanted to install air conditioning in every prison but he simply didn’t have the funds to do so.
Plaintiffs have argued that the agency could be more aggressive in pushing for the funding.
“It’s a lot and it’s expensive, but all it takes is money,” Jeff Edwards, an attorney for the plaintiffs, told the Texas Tribune. “And so if you don’t ask for the money, you’re never going to get it.”
The state Legislature has so far repeatedly failed to pass any legislation requiring air conditioning in all Texas prisons, while providing a fraction of the cost estimate. For instance, lawmakers provided $118 million in 2025 for air conditioning installment, which the department said would help it add 18,000 more cool beds. But this figure would still leave a significant chunk of TDCJ’s population without sufficient air conditioning.
As of March 25, TDCJ reported that there are 52,438 cool beds available. Johnson said Monday that the department expects to have 70,000 such beds ready by the end of summer 2027.
The trial, which is being heard by Pitman instead of a jury, is expected to last two weeks.
This article first appeared on The Texas Tribune.
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Texas
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