Summer Heat: Cruel and Unusual Punishment for Louisiana Death Row Inmates
The United States Constitution gives rights to U.S. citizens and residents. For example, the Second Amendment guarantees Americans the right to bear arms, the Fourth Amendment provides protection against unreasonable searches and seizures, and the Eighth Amendment prohibits cruel and unusual punishment. Even prisoners on death row are afforded the Constitutional protection against cruel and unusual punishment.
Three Louisiana state prisoners on death row have sued state prison officials under the Eighth Amendment’s ban of cruel and unusual punishment for making them suffer from the summer heat. Each inmate has high blood pressure, and the heat worsens their medical condition. A federal appellate court ruled that prison officials must give relief to the three inmates with high blood pressure, but the prison officials are not required to air-condition death row. Then, the appellate court returned the case to the lower court, and the lower court suggested that the prison officials give the remaining prisoners on death row more water and ice, cold showers, and personal fans.
The inmates’ attorney applauded the court for recognizing that her clients’ Eighth Amendment rights were violated. Nevertheless, she argued that simply giving death row prisoners personal fans, more water and ice, and showers was not enough. At the same time, the prison officials are reviewing the court ruling and considering air-conditioning part of death row, particularly where the three prisoners with high blood pressure are housed.
While many disagree with the courts’ ruling, the Constitution protects all citizens – even prisoners. If you believe that your Constitutional rights have been or are being violated, you may have legal remedies available. For more information and to have questions answered, contact Nashville Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.