Journalists: How to Investigate Dangerous Heat in Prisons

Read this first

Heat waves and days with temperatures above 100 degrees Fahrenheit are becoming more frequent, because of climate change. This poses a serious threat to people behind bars. When outside temperatures exceed 100 degrees, heat indexes in prisons and jails can reach 150 degrees, studies show, because the facilities trap heat.

People behind bars, including employees, often have no reprieve from soaring temperatures, putting them at risk for serious heat-related injuries. In some cases, extreme heat can be fatal.

This toolkit is designed to support reporters in covering the impact of extreme heat on prisons or jails in their community. If you’re on deadline covering a heat wave in your area, we recommend skipping ahead to the resources section below, where you’ll find relevant lawsuits, research studies and experts to contact.

The legal context

Extreme heat behind bars is a civil rights issue for incarcerated people. More than 1,200 federal cases on this issue were filed between 1980 and 2019, and State Court Report found that more than 500 lawsuits about heat in prisons were filed in the past five years.

Many legal challenges on this issue argue that prolonged exposure to extreme temperatures amounts to cruel and unusual punishment, a violation of the Eighth Amendment. Extreme heat can also be a violation of the Americans with Disabilities Act since people with medical conditions, such as diabetes, asthma and certain heart conditions, are more vulnerable to heat-related illness and death. Despite rulings that prolonged exposure to high temperatures is unconstitutional, most judges stop short of requiring air conditioning in prisons and jails.

Litigation about heat in prisons often involves incarcerated people who are still alive and have joined together to file a class action lawsuit over inhumane conditions or family members of the deceased who sue the prison system for a wrongful death.

A note on air conditioning

Air conditioning is the single most effective method for keeping indoor temperatures safe; however, most prisons, including many in the hottest states in the South, aren’t fully air conditioned. According to an investigation published in July by Reuters, “nearly half of state prisons across 29 states have partial or no air conditioning in housing units.” Here’s the database that Reuters created by requesting records in all states (not all of them responded), and here’s their methodology.

In 2022, a USA Today review of state prison systems found that 44 states do not have universal air conditioning. By comparison, nearly 90% of U.S. homes use it.

Some states with air-conditioned prisons include Tennessee, where it is universal, and Arkansas, where it has been universal for decades. North Carolina is working through a long-term plan to install air conditioning in all state prison housing units. And many states have partial coverage, including Missouri, and Washington, which has air conditioning in three of its prisons on the eastern side of the state.

Initial Reporting Steps

Do a clip search

Start with a search for heat-related stories to see what has already been covered. Since 2014, The Marshall Project has been curating some of the best criminal justice reporting from around the web. Our tool called The Record can help you find the most recent and authoritative articles on criminal justice topics, including heat behind bars.

You can search for topics such as “heat in prison” and “climate change” to find curated lists of relevant articles from The Marshall Project and other outlets.

Look for lawsuits

You can check for relevant lawsuits through Google searches, PACER, CourtListener, the Civil Rights Litigation Clearinghouse and any electronic court database in your state. You can also search for the name of your state’s prison system and your local jail or sheriff’s office.

PACER will provide you with the names of people who have sued over other prison abuses and conditions, precisely the kind of people who might answer your letter about heat or anything else that’s going wrong. It’s also worth looking up if a judge or court in your state has ruled that extreme heat is cruel and unusual punishment

We’ve provided a list of relevant lawsuits in the resources section below.

See if your state has a correctional oversight body

Some states have oversight agencies that look into prison conditions and abuse. It’s possible they may have information about heat in your state’s prison system. The National Resource Center for Correctional Oversight provides this map, which breaks down key details about these agencies, and here is a 50-state inventory.

If your state has one of these bodies, ask if they have any reports on heat in prisons, and reach out to them any time you’re covering a story about prison conditions or abuses.

See if there’s been relevant legislation

Lawmakers have introduced a number of bills attempting to reform heat mitigation policies in carceral settings. One example is Texas House Bill 3006, which died in the state Senate in the spring of 2025. This Texas Tribune article details how the bill would have required that climate control systems be installed in phases, with completion by 2032. You can check what legislation has been introduced in your state by searching your state’s legislative website as well as the categorized databases offered by the National Conference of State Legislatures, which include introduced legislation and policy enactments in each state and Washington, D.C.

Use this free illustration

You are welcome to republish the provided illustration within any stories derived from the materials in this toolkit, along with any related social media and newsletter promotion of those stories. Juan Bernabeu must be credited in all uses, and you can learn more about the illustrator here. The illustration should not be published in unrelated stories. The illustration should not be cropped or altered in any way. Please email us with any questions.

Common story themes

The issue of heat behind bars is multifaceted and can be covered from several angles. Here are themes you are likely to encounter during your reporting:

Aging

Older adults are at higher risk of heat-related illness and death, and the total number of older incarcerated people is growing. According to analysis of Bureau of Justice Statistics data, in 1991, people aged 55 or older made up just 3% of the national prison population, but in 2021 they made up 15% of people in prisons across the U.S. By 2022, state and federal prisons housed 186,000 people who were 55 or older.

Consider asking for a breakdown of ages in your prison or jail, and ask if the facility makes special arrangements for older adults. If you can, compare the age breakdown to previous years: Is the average age or percentage of vulnerable age groups increasing in your area?

Prison staff

Many correctional officers work long shifts in units without air conditioning. (You can listen to testimony here about these dangerous working conditions from a labor union leader in Texas.)

The federal Occupational Safety and Health Administration has recommendations about heat in the workplace, including “temperature control in the range of 68-76 degrees Fahrenheit” for workers, but there are no legally required standards. Some states, such as California, have adopted broad workplace heat standards, but they don’t include prisons.

The impact of extreme heat on workers often exacerbates heat-related issues for incarcerated people. Many states are facing prison staffing declines due to poor working conditions, and those shortages can make it harder for the incarcerated to leave their cells or seek relief from high temperatures.

A good way into labor-related stories is to find out what state office handles workers’ compensation claims. In Texas, for example, it’s the State Office of Risk Management.

Consider asking:

• How many workers’ compensation claims or other reports of heat-related illnesses or injuries were recorded among employees. You may want to have these broken down by year over a 5 or 10-year period. If possible, you should request them by facility or region, as well as the types of illnesses or injuries.

• How much was paid out by the state for these claims each year.

• For any supporting documentation not subject to HIPAA or other privacy concerns describing the nature of these heat-related injuries and illnesses.

Staffing and prison population records can be obtained in several ways:

• Records that include staffing numbers at different points in time, such as monthly correctional officer rosters. Sometimes these come from agencies, but they can also be surfaced in information that is reported and compiled at the state or local level, such as the Annual Comprehensive Financial Report.

• Records that can count the incarcerated population over time, like average daily counts or individual inmate rosters. These records almost always come from correctional departments.

Extreme heat risk is spreading

While this issue has historically affected prisons in Southern states, climate change is causing higher temperatures over longer periods in other regions, too. For example, the historic “heat dome” across the Pacific Northwest in 2021 created dangerous conditions for incarcerated people in that region.

If you’re in a state that hasn’t dealt with extreme heat historically, consider asking your facility about their planning and preparedness in the event of a heat wave. You could also research if any weather records are being broken in your state by using the tools we’ve provided here. Local meteorologists, National Weather Service officials focused on your region and climate scientists can all speak to local and regional trends.

Deaths from extreme heat are underreported

Every “1-degree increase above 85 degrees Fahrenheit in prisons without air conditioning was associated with a 0.7% increase in the risk of daily mortality,” according to a Brown University study of heat-related mortality in Texas prisons from 2001 to 2019. (You can read expert testimony about the study here, starting on page 150.)

One big challenge for confirming heat-related deaths is that high temperatures exacerbate other health issues, including cardiovascular disease, asthma, diabetes and more. An autopsy might not mention heatstroke or hyperthermia as the cause of death. Instead, the cause could be listed as something else, such as a heart or asthma attack.

Consider asking a medical examiner or coroner for death records to examine causes of death during heat emergencies.

Mental health and violence

Researchers have found that hotter temperatures are associated with more violence and self-harm behind bars. People have faked suicide or even harmed themselves in order to be transferred to an air conditioned infirmary or psychiatric center.

One related factor is that some psychotropic medications and blood pressure drugs affect the body’s ability to regulate temperature, so people may stop taking their medicine when it’s excessively hot. Here is a guide from the Centers for Disease Control and Prevention on medication-heat interactions.

Consider requesting incident reports for a period of several years to see if there’s an uptick during summer months or during specific heat waves.

Ineffective cooling measures

Facilities often use large industrial fans that recirculate hot air; evaporative coolers known as “swamp coolers,” which aren’t as effective as air conditioning in climates with both severe heat and high humidity; modified ice chests with fans; and cooling rags. Facilities may also tell you that they distribute ice, water, and Gatorade; set up cooling centers; and limit outdoor recreation.

It’s important to confirm these things are happening but these are all temporary stopgap measures that either aren’t very effective at lowering someone’s temperature or aren’t sustainable across a large facility. For example, the CDC advises that using fans when it’s more than 90 degrees Fahrenheit can increase body temperature. The CDC also has safety recommendations for people without air conditioning in their homes, but folks behind bars typically aren’t able to take these precautions.

Interviewing key sources

We’ve compiled questions to ask some of the main stakeholders on this issue, including corrections officials, advocacy groups and lawyers, and incarcerated people.

Questions to ask incarcerated sources

Personal narratives are essential for helping audiences understand how unbearable severe heat feels behind bars, and can highlight the unique measures people take to cope. Here are examples of personal narratives on surviving extreme heat behind bars, which The Marshall Project produced in collaboration with the Prison Journalism Project.

Consider simply documenting the experiences of people in prisons or jails during heat emergencies. Their firsthand accounts are often interesting enough for an initial story, and allow you to develop your ongoing coverage or a larger investigation down the road. Here are some questions you may want to ask incarcerated people:

• How do you prepare for extreme heat? Are there specific items you try to stock up on at your prison’s commissary and how much do those items cost?
• What measures do you take to survive the heat? Have you taken other actions to cool down during periods of extreme heat?
• Have you ever stopped taking medicine because it exacerbated the heat?
• Does extreme heat prevent you from participating in routine activities, such as visiting hours, classes and outdoor recreation?
• Have you ever seen a temperature reading within the prison? When and where was this, and what did it say?
• Do you have access to adequate water, ice, cooling rags, fans or other hydration and cooling measures? How frequently do you receive these things?
• How would you describe the heat for someone living on the outside who has never experienced it before?

You can also reframe those questions to ask family members and friends of incarcerated people to understand what they worry about and what they hear from their loved one. Finally, look for the “lifer angle” — someone who is serving a long or life sentence. They can explain how the heat has gotten worse over the past few decades.

Questions to ask facilities

Often, the first step is to assess an agency’s preparedness for mitigating extreme heat and establishing a baseline of how many people could be affected by a heat wave.

Here are a few questions to ask the public information officer of the sheriff’s office that runs your local jail and your state’s corrections agency:

• Do you have any official policies, procedures or protocols that relate to heat or heat mitigation?
• Do you have any heat emergency plans?
• Can you provide a list of which facilities have universal or partial air conditioning and which do not?
• Do you have any policies related to permissible temperature ranges in living areas?
• Do you have any policies related to maximum indoor temperatures?
• Are there any compliance records related to facility temperatures? Do those records include temperature measurements? If so, how and when are temperatures recorded? (Often, facilities don’t log temperatures, but they could be required to if they’ve undergone scrutiny. In Texas, there have been concerns about temperature logs being falsified.)
• Are there emergency call buttons in cells for someone to use if they are experiencing the symptoms of heat stroke?
• What are the protocols for responding to an emergency call?
• What percentage of your incarcerated population lives in air conditioned housing areas? (The phrasing here is important because officials may try to tell you that someone has access to air conditioning, but some people only have access at limited times, such as in a classroom for a weekly class. It’s common for large living areas to lack air conditioning, while smaller areas, like classrooms, doctors’ offices and administrative offices may be climate-controlled.)

Questions to ask advocates and lawyers

Create a list of the local advocacy groups in your community or region by researching and asking around. Here are examples of some groups that have done work or spoken out on this issue:

• Texas Prisons Community Advocates
• Florida Cares
• Alabama Appleseed Center for Law and Justice
• Wisconsin Justice Initiative

Legal and advocacy groups are great resources for getting a first look at upcoming lawsuits or connecting with people behind bars and their families. For example, The Marshall Project covered a class-action lawsuit in Missouri brought by a legal advocacy organization. Here are some questions you may want to ask the organizations in your area:

• Do they have previous or upcoming lawsuits related to heat in prisons?
• Are they aware of dangerous heat affecting any specific facilities in recent memory?
• Can they share legal documentation with you, such as: official legal complaints; case materials like sworn statements from people explaining their experience in the heat; expert testimony, reports and research; and other items such as graphs and maps? Depending on how much you get, the legal documents alone could be enough material for an initial story. Keep in mind that lawyers may have already done a lot of background research, which can save you time, though you’ll still want to fact check their findings.
• Can they introduce you to families who are suing over wrongful deaths? Once you connect with a family or their lawyers, you can ask them about autopsies, grievances that were filed before the death of their loved one and any other documentation they may have or could acquire.
• Do they know of anyone else behind bars who is not named in a lawsuit but who would be interested in speaking with a local reporter on this issue?
• Do they know of any incarcerated workers whose job it is to log temperatures?
• Do they know any other family members or friends on the outside who could help you connect with their loved one inside?

Resources

Lawsuits

Here is a list of some high-profile lawsuits related to extreme heat behind bars. Texas has been ground zero for such legal battles. In 2011, at least 10 people in Texas prisons died from heat stroke, and an analysis by The Texas Tribune found that dozens of people in Texas prisons died during a heat wave in 2023 from heart-related or undetermined causes.

There have also been cases in other hot states like Louisiana, Florida, Arizona, New Mexico, Georgia and Missouri, among others. When covering this issue, citing relevant lawsuits in other states can provide audiences with important context, which is what The Marshall Project did in this edition of our Closing Argument newsletter.

While not exhaustive, this list paints a broad picture of what has transpired legally.

Texas

• Tiede v. Collier: In March 2025, a federal judge ruled on a temporary injunction request that it’s “plainly unconstitutional” for state prisons to be extremely hot, but the judge didn’t require that air conditioning be installed. Bernie Tiede filed the initial lawsuit in 2023. A handful of nonprofit organizations joined in 2024 and filed a complaint against Bryan Collier, the executive director of the Texas Department of Criminal Justice. The filing expanded “the plaintiffs to include every inmate incarcerated in uncooled Texas prisons,” according to The Texas Tribune. Read the case description and related documents here, provided by the Sabin Center for Climate Change Law at Columbia.

• Cole v. Collier: In 2018, the Texas Department of Criminal Justice agreed to settle this lawsuit by installing air conditioning in one facility, the Wallace Pack Unit, which is described as a geriatric prison. Despite this landmark victory, air conditioning was not installed in other Texas prisons. This was a class-action lawsuit filed in 2014 by multiple people incarcerated at the facility. See related documents here, provided by the Civil Rights Litigation Clearinghouse at the University of Michigan Law School.

Louisiana

• Voice of the Experienced v. LeBlanc: In May 2025, a federal judge in Louisiana ruled that officials need to take specific precautions when incarcerated people are doing outdoor work and the heat index rises above 88 degrees. The class-action suit was filed in 2023 by a group of incarcerated people at Louisiana State Penitentiary, known as Angola, and the grassroots group Voice of the Experienced, in collaboration with Rights Behind Bars and Promise of Justice. The defendants include the prison’s warden at that time, Louisiana’s state department of corrections, and Prison Enterprises. This lawsuit highlighted the danger of heat in prisons within the larger context of forced manual labor. The Sabin Center for Climate Change Law at Columbia provides case documents and descriptions here.

• Alex A. v. Edwards: In 2022, the American Civil Liberties Union and attorneys for the families of young people being transferred to Louisiana State Penitentiary, known as Angola, sued the governor at that time and other officials to stop those transfers. Many abusive conditions were cited in the lawsuit, including dangerous heat without access to air conditioning. In 2023, a judge ordered that the children be moved to another facility. Read the related documents here, provided by the ACLU.

• Ball v. LeBlanc: In May 2019, a settlement was reached on a six-year civil rights lawsuit brought by three people on death row in Louisiana. The settlement came after several years of legal twists and turns, detailed in this summary. The settlement agreement ultimately required that the plaintiffs receive specific remedies, including “IcyBreeze” units (a brand name for modified ice chests), the diversion of cool air from another area, daily showers of at least 15 minutes, and individual containers with ice and fans. This is a narrow remedy that does not benefit other incarcerated people in the same facility. The Associated Press uncovered that the litigation cost taxpayers more than $1 million. Read related documents here, provided by the Civil Rights Litigation Clearinghouse at the University of Michigan Law School.

Other notable pending lawsuits include:

Missouri

• In May 2025, the MacArthur Justice Center brought a class-action lawsuit against officials at the Missouri Department of Corrections on behalf of people incarcerated at Algoa Correctional Center. The lawsuit highlights the unique dangers of heat for people in solitary confinement who can’t leave their cells and don’t have emergency call buttons, as well as the affect on medically vulnerable populations. Read the complaint here.

Florida

• In October 2024, the Florida Justice Institute filed a lawsuit on behalf of incarcerated people at Dade Correctional Institution against the Florida Department of Corrections. The advocacy group is asking that the extreme heat be ruled as unconstitutional under the Eighth Amendment and that the prison agency take mitigation measures, including installing air conditioning. See related documents here, provided by the Civil Rights Litigation Clearinghouse at the University of Michigan Law School.

Along with litigation about heat inside of prisons, there have also been lawsuits regarding unsafe temperatures in prison transport vehicles in Arizona and New Mexico, as well as a lawsuit in Georgia regarding exposure to blistering outdoor temperatures.

The basics of extreme heat

You can look up historical weather data for the city, region or for your local prison or jail with tools from the National Weather Service, National Oceanic and Atmospheric Administration and Weather Underground.

Keep in mind that outdoor temperatures can be lower than indoor temperatures due to the age and design of the prison and jail buildings, which may trap heat. This MIT study has helpful temperature data and graphics on this topic and this Intercept map shows climate risks, including heat, for thousands of facilities.

Here are common definitions of weather-related terms:

Extreme heat: The Federal Emergency Management Agency defines extreme heat as a long period (at least two to three days) of high heat and humidity with temperatures above 90 degrees Fahrenheit.

Heat advisory: The National Weather Service issues a heat advisory when it anticipates that the heat index will reach 105 degrees Fahrenheit or the temperature will reach 100 degrees Fahrenheit within the next 24 hours.

Heat index: The National Weather Service describes the heat index as “what the temperature feels like to the human body when relative humidity is combined with the air temperature.” The weather service warns that a heat index of 125 degrees Fahrenheit or higher is extremely dangerous, and heat stroke is highly likely. Here is a heat index calculator, a heat index chart showing when conditions become dangerous and a helpful explainer. (It’s worth noting that researchers at UC Berkeley found that the heat index itself underestimates perceived temperatures on the hottest days.)

Wet bulb globe temperature: “A measure of the heat stress in direct sunlight, which takes into account: temperature, humidity, wind speed, sun angle and cloud cover (solar radiation),” according to the National Weather Service. Here’s a helpful explainer and local news segment on this topic.

Heat stroke: “A severe heat-related illness that involves a significant elevation in body temperatures, usually as a result of prolonged exposure to high temperatures or physical exertion in high temperatures,” according to Dr. Bilal Bangash, who outlines risk factors in this American Medical Association explainer. The highest risk of developing heatstroke occurs when the outdoor heat index is more than 90 degrees Fahrenheit.

Expert sources

Amite Dominick, Texas Prisons Community Advocates, founder and president. Dominick has worked with lawmakers to file bills in Texas requesting humane temperatures in prison cells. She has provided expert testimony, organized awareness events and co-authored reports, including Extreme Temperatures and COVID19 in Texas Prisons. Email: amite.dominick@tpcadvocates.org

David Fathi, American Civil Liberties Union, director of the ACLU National Prison Project. The project challenges the conditions of confinement in prisons, jails and other detention facilities and has successfully challenged extreme heat in a number of prisons and jails throughout the U.S. From 2012 to 2015, Fathi represented the ACLU in negotiations leading to adoption of the United Nations revised standard minimum rules for the treatment of prisoners, known as the “Nelson Mandela Rules.” Email: media@aclu.org

Corene Kendrick, American Civil Liberties Union, deputy director of the ACLU National Prison Project. She worked with a medical expert to challenge the conditions of confinement of children in the former death row building at Louisiana State Prison at Angola, where the young people were incarcerated during the summer in a building with broken air conditioning. She also advocated for incarcerated pregnant people and for people taking psychotropic medications in Arizona prisons to be guaranteed access to cooler housing units. She has spoken extensively with multiple media outlets about inhumane conditions in U.S. carceral facilities. Email: media@aclu.org

Wilfredo Laracuente, Opportunities for a Better Tomorrow, workforce development specialist. Laracuente teaches workforce readiness skills to young adults. He shares reporting and insights on the criminal justice system through his newsletter From Inside to Impact. Previously incarcerated for 20 years in the maximum-security Sing Sing Correctional Facility in New York, Laracuente can share his lived experiences regarding various conditions behind bars, including dangerous heat. Email: Laracuente2125@gmail.com

Scott Medlock, ACLU of Colorado, staff attorney. Medlock’s class-action lawsuits have resulted in the installation of air conditioning in two Texas prisons, including a geriatric facility, and “some of the largest damage awards ever paid by the state of Texas to the families of prisoners who died of heatstroke.” In his previous role for the Texas Civil Rights Project, Medlock created the organization’s prisoners’ rights program. Email: smedlock@aclu-co.org

Dr. Judy Melinek, board certified forensic pathologist. Melinek has 25 years of experience in cause and manner of death determination. She has served as an expert witness in civil and criminal proceedings involving in-custody deaths. As a medical police trainer, Melinek can also speak on the dangers of medical neglect, environmental conditions, physical abuse and restraint. She wrote this forensic primer for journalists and can help interpret death documentation. Contact form: https://www.pathologyexpert.com/contact-us/

Ufuoma Ovienmhada, University of Arizona, Baker endowed postdoctoral research associate in climate change and human resilience. Ovienmhada researches the environmental hazards experienced by incarcerated people and co-authored this study examining the risks of summer heat in U.S. prisons. She leads the Toxic Prisons Mapping Project, which is a digital tool to support environmental justice advocacy for prisons. Email: ufuoma@arizona.edu

J. Carlee Purdum, University of Houston, assistant professor of sociology with a faculty appointment at UH Population Health. Purdum’s research interests include “how prisons and incarcerated persons are impacted by hazards and disasters,” including extreme heat as well as prison emergency management policy and practice. She is a co-author of this report, which offers analysis of surveys of more than 300 incarcerated people in Texas about carceral heat mitigation policies. Email: jcpurdum@uh.edu

Marci Marie Ray, Lioness Justice Impacted Women’s Alliance, director of community engagement. Ray shares her experience of being incarcerated in a Texas prison for a decade to shed light on the realities of incarceration through various platforms, including her TikTok account, which has nearly 300,000 followers, as well as On the Rec Yard: Women’s Prison Podcast. Email: marcimarie@lionessjiwa.org

Jennifer Toon, Lioness Justice Impacted Women’s Alliance, executive director. Toon leads a nonprofit organization founded and led by girls, women and gender-expansive people who are currently or formerly incarcerated. Toon worked with Ray and several other researchers to co-author this study on how disasters affect the physical and mental health of incarcerated women. Toon also co-hosts On the Rec Yard: Women’s Prison Podcast. Email: jennifer@lionessjiwa.org

Jeremy Tripp, One Voice United, director of policy. Tripp is a policy advocate for an organization that serves as a “conduit for correctional officers and staff to raise issues of concern and voice their opinions.” Drawing on the experiences of corrections professionals and ongoing research into the lack of HVAC systems and broader environmental factors in U.S. prisons, Tripp focuses on how inadequate climate control and extreme temperature swings undermine the health, safety and job performance of those who live and work behind the walls. Previously, he was the director of government and political affairs for the Michigan Corrections Organization. Email: Jeremy@onevoiceunited.org

Eldon Vail, former corrections administrator. Vail is a correctional consultant and has been retained to do expert work in 22 states. He was a corrections administrator for nearly 35 years, serving as secretary of the Washington State Department of Corrections for four years and deputy secretary for seven years. Email: Nodleliav@comcast.net

Related studies

There are many relevant studies on heat in carceral settings, and climate change more broadly, that are cited in news coverage. Here is a non-exhaustive list of related studies to reference in your reporting. You can also reach out to the co-authors of these studies as potential expert sources.

Style and standards

Check out our “Resources to Power Your Criminal Justice Reporting” for guidance on stylistic concepts such as people-first language, informed consent and more.