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US appeals court temporarily stays order for Louisiana to better protect Angola farm workers from heat
By Bonnie Bolden,
14 days ago
BATON ROUGE, La. (BRPROUD) — A federal appeals court has temporarily stayed an order that would have required the state to make a plan better protecting inmates sentenced to farm work at Louisiana State Penitentiary from extreme heat.
Last week, U.S. Judge Brian Jackson ordered the state of Louisiana to change policies and procedures around the Farm Line program at the prison, commonly called Angola. The order only applied to the plan that takes effect when temperatures are 88 degrees Fahrenheit or hotter and required more specific policies to keep inmates safe from heat-related health threats. The state would have been required to develop its plan more and submit it to the court within seven days.
Last week, a three-judge panel with the U.S. 5th Circuit Court of Appeals granted the state a temporary stay through Friday, July 19 in an unpublished order. Plaintiffs have already responded, and the state has expressed intent to file its response to that document on Tuesday, July 9 to speed up the process.
Voice of the Experienced (VOTE) and eight men currently in the prison asked to shut down the Farm Line in high heat. It’s part of an ongoing lawsuit about the work conditions. The initial lawsuit was filed in the Western District of Louisiana in September. Plaintiffs argue conditions are cruel and violate the Americans with Disabilities Act.
The state argues that shutting down the Farm Line during high heat will require Louisiana to buy food to replace what would normally be harvested by prisoners. Defendants say current guidelines are enough to keep people safe and the state shouldn’t be held to a standard higher than other Louisiana farmers.
They also argue that the order violates the Prison Litigation Reform Act , a 1996 law that makes it more difficult for inmates to file lawsuits and succeed in federal courts. There are narrow parameters for what can be changed as a result of a suit.
VOTE and the other plaintiffs said the current guidelines don’t meet a basic level of care to help inmates avoid heat stroke or other health issues that can be caused by high humidity and temperatures. They also say the work is purely punitive and the equivalent of modern slavery.
Jackson noted in his order that there were several examples of inmates with health conditions or taking specific medications who were working the Farm Line in high heat, despite existing policy. He also said information provided by the state was, at times, unclear and contradictory.
A Sept. 30 trial date has been scheduled in the suit.
Defendants 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.
According to a news release, the PJI, Rights Behind Bars, and Paul, Weiss, Rifkind, Wharton & Garrison LLP represent the plaintiffs.
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