Jul 03, 2024
BATON ROUGE, La. (BRPROUD) — A federal judge has ordered the state of Louisiana to change the Farm Line program at Louisiana State Penitentiary when temperatures are 88 degrees Fahrenheit or hotter to keep inmates safe from heat-related health threats. Plaintiffs argue that the work is purely meant as punishment and puts workers in dangerous conditions. The state says it's doing enough to protect inmates. Those suing to improve inmate conditions argue that the Farm Line is meant to be punitive, not help rehabilitate the men and that it violates the Americans with Disabilities Act. In a federal lawsuit filed in the Western District of Louisiana in September, the plaintiffs argue the work detail, especially during extreme heat, violates prisoners’ Eighth Amendment right to protection against cruelty. Judge considers evidence issues between state, defense in Madison Brooks’ rape case In May, Voices of the Experienced and eight men currently imprisoned at the state prison, commonly called Angola, asked the federal court for an emergency order to stop outdoor farm work once temperatures exceed 88 degrees Fahrenheit. On Tuesday, July 2, U.S. Judge Brian Jackson granted and denied part of the plea, setting a seven-day deadline for the state to fix its heat-related policies for field workers. They include providing shade, rest, sunscreen, other protective gear and ensuring that anyone with diagnosed medical conditions or prescription drug needs that make them vulnerable to thermoregulation problems be given different work duties. "Such relief is well-within Defendant's ability to provide and will not significantly alter operations the Farm Line," he wrote. Jackson referenced the Oak Ridge Boys' "Leaving Louisiana in the Broad Daylight" in his opinion, saying, "It gets real hot down in Louisiana." He also cited Nation Weather Service testimony that summer 2023 was the state's hottest on record and National Oceanic and Atmospheric Administration data saying 2024 could be hotter. These new Louisiana laws are helpful to sexual assault victims The high temperatures, he said, paired with extreme humidity, leave people vulnerable to heat-related health issues like heat stroke, muscle cramps and heat exhaustion According to the state, fewer than 50 inmates work the Farm Line a day, and there would be huge financial repercussions if it were to cease working when it’s too hot because it harvests food for the inmates to eat. Jackson noted three policies and practices at the state prison that are in question. One works to prevent inmates and workers from suffering from heat-related health concerns. One Louisiana Department of Public Safety & Correction health care policy sets the same goal using Occupational Health and Safety Administration information and some data from the Centers for Disease Control and Prevention; it applies to every DPSC facility in the state. A third gives field workers leather gloves and plastic cups every six months. Dr. Susi Valssallo testified for the plaintiffs as an expert on thermoregulation and how medicine and illnesses can keep people from maintaining safe body temperatures. She said extreme heat kills "more people each year than hurricanes, lightning, tornadoes, floods and earthquakes combined," making it the "most common cause of weather-related death in the U.S." She said everyone, regardless of prior health status, are in danger when temperatures are over 88. Man accused of attempted rape, robbery of Gonzales store manager arrested The judge noted information provided by Maghen Gagnard, the Executive Management Officer at Angola. Gagnard said healthcare workers help assign inmates' duty status at intake, and the Initial Classification Board determines housing and job assignments. When temps are higher than 88 degrees, workers reportedly start getting five-minute breaks every 30 minutes and workers with heat precautions get different duty statuses. Gagnard told the court that if all agricultural work were to stop, the state would have to pay approximately $8.6 million each year to substitute the fruits and vegetables they harvest. Dr. Randy Lavespere, chief medical officer for the Louisiana Department of Corrections, said the state's list of medicines that cause heat pathology is comprehensive and the current breaks and water policies and emergency care provided are adequate. Jackson flagged several medical reports for Farm Line workers. He said an independent review showed several complaints tied to pain and dizziness in the field by inmates with chronic health conditions. He said some were assigned active duty status with no restrictions. Lydia Wright, the Promise of Justice Initiative associate director of civil litigation, previously said workers only get paid up to two cents per hour. She said they made the same pay in the 1950s. If injured, their copay costs $3, which equals 150 worked hours. If, for example, they pass out in the field and require EMT care on-site, the copay is $6. Specifically, the plaintiffs have argued that the work assignment has been active since 1893, and they consider it modern slavery. Angola field operations colonel Gabriel Hebert, according to Jackson's order, told the court that workers can take breaks and work at their own pace with no quotas. The judge said he was unable to verify a policy that inmates can take breaks at will and noted that seems to go against the heat policy that states breaks are required every 30 minutes. Defendants in the case include Secretary of the Louisiana Department of Public Safety and Corrections James LeBlanc; Warden Timothy Hooper; Director of Prison Enterprises Misty Stagg; the Louisiana Department of Public Safety and Corrections; and Prison Enterprises. Close Thanks for signing up! Watch for us in your inbox. Subscribe Now BRProud Daily News SIGN UP NOW In his order, Jackson said state policies are sometimes "irrational" and overall don't do enough to protect inmates from the heat. Jackson said the case before him supports the plaintiff's argument of deliberate indifference. He notes the medically vulnerable should not be exposed to extreme heat and anyone working in high temperatures should have access to sunscreen, other protective gear and shade. The state has seven days to file a plan, and plaintiffs have seven days after that to file their response. According to court documents, the state is appealing the issue to the U.S. Fifth Circuit Court of Appeal. Information provided by reporter Da'Shawn Johnson contributed to this report. Latest News US judge: Louisiana has 7 days to fix hot weather farm work plan at Angola state prison Hurricane Beryl roars toward Jamaica after killing at least 6 people in the southeast Caribbean Legally, contraception is free. But 25% of women still paying Lucy Letby, already convicted of killing 7 babies, found guilty in another attempted killing Biden campaign fails to quell mounting Dem frustration
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