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5th Circuit Court of Appeals panel decides no air-conditioning for most of Louisiana's death row inmates
By theadvocate.com- Joe Gyan Jr.
Published: 07/09/2015

Louisiana’s death row doesn’t need to be air-conditioned, but three condemned killers with medical ailments who claim the extremely hot conditions there make them more susceptible to heat-related injury are entitled to some relief, a federal appellate court ruled Wednesday.

That relief could involve diverting cool air from the guards’ pod on death row into the death row tiers; allowing inmates access to cool showers at least once a day; providing an ample supply of cold drinking water and ice at all times; supplying personal ice containers and individual fans; and installing more ice machines, a three-judge panel of the 5th U.S. Circuit Court of Appeals in New Orleans said.

The panel agreed with Chief U.S. District Judge Brian Jackson, of Baton Rouge, that Louisiana is in violation of the three prisoners’ Eighth Amendment protection against cruel and unusual punishment. The panel also said Jackson did not abuse his discretion in issuing an injunction against the state.

“The scope of the injunction is another matter,” Circuit Judge Edith Jones wrote for the panel, which vacated the injunction and sent it back to Jackson for reconsideration.

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