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FLORIDA RECORD

Wednesday, November 6, 2024

Inmate-plaintiffs allege heat, humidity threat at Dade Correctional Institution violates their rights

Federal Court
Webp andrew udelsman fji

Attorney Andrew Udelsman of the Florida Justice Institute said a court order is necessary to address inmates' indoor air quality. | Florida Justice Institute

Several inmates at Dade Correctional Institution south of Miami have filed a federal class-action lawsuit against the Florida Department of Corrections (FDC), alleging that prison officials have failed to protect older, infirm inmates from record-breaking heat and humidity. 

Three inmates in their 50s and 60s, two with hypertension and one with chronic obstructive pulmonary disease (COPD), are the plaintiffs in the lawsuit filed in the Southern District of Florida on Oct. 31. The complaint alleges the Department of Corrections has put inmates at risk of heat-related illness due to a lack of air conditioning and a ventilation system that’s in disrepair.

“Such deliberate indifference to the dangers of extreme heat and unventilated air violates plaintiffs’ rights under the Eighth Amendment, the Americans With Disabilities Act and the Rehabilitation Act,” the lawsuit states. ”Plaintiffs respectfully ask the court to declare their conditions of confinement unconstitutional and order defendants to protect the lives and health of the people it incarcerates.”

The complaint points out that the Dade facility, which is close to the Everglades National Park, sees temperatures exceeding 100 degrees Fahrenheit regularly between May and September. The combination of “unbearable heat” and inadequate indoor air quality amounts to a violation of the Eighth and 14th amendments, according to the lawsuit.

“The department does not comment on pending litigation,” the FDC said in an email to the Florida Record. “However, it may be relevant to your story to include (that) FDC has no records of having been served this lawsuit.”

An attorney for the plaintiffs, Andrew Udelsman of the Florida Justice Institute, confirmed that the department has not yet been served as of Tuesday.

“We had to file this lawsuit because they’ve thus far ignored the concerns of incarcerated people and their advocates,” Udelsman said. “And so it appears they need a court to order them to do what they should have done on their own.”

The air in dormitories at the prison during the hottest months of the year is filled with bacteria-filled, stagnant and moldy, according to the complaint, which says that such conditions can cause incarcerated people to fall ill.

“Upon information and belief, none of the ventilation systems in the dormitories works as designed,” the lawsuit says. “The systems have not been adequately maintained since they were installed decades ago. Critical components – such as fans and motors – are the wrong size, set to the wrong amperage or missing entirely.”

A court order is the only means to deal with what the plaintiffs say is FDC’s indifference to the danger of high heat and humid conditions at the prison, according to the complaint.

The lawsuit asks the federal court to certify the dispute as a class action; to declare the defendants’ actions or omissions as unconstitutional and illegal; to approve a preliminary and permanent injunction ordering the defendants to develop a new plan to deal with indoor heat, which could include the installation of air conditioning; and to award the plaintiffs reimbursement for attorney fees and litigation expenses.

One of the plaintiffs, Dwayne Wilson, is age 66 and suffers from hypertension and an enlarged prostate. In addition to taking medications, he has a large burn scar that hinders his ability to sweat during hot conditions, the complaint says. Wilson is one of 1,316 people housed at the facility as of July of this year, according to the lawsuit.

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