Full Breakdown
Texas Judge Orders State to Install Air Conditioning in All Prisons by 2029
By Drooid · · How we work
Court Order Mandates Systemwide Cooling
U.S. District Judge Robert Pitman issued a 150-page ruling requiring the Texas Department of Criminal Justice (TDCJ) to develop a plan to install air conditioning in every state prison, with completion no later than the end of 2029. He held that the lack of cooling in most lockups violates the Eighth Amendment’s ban on cruel and unusual punishment and ordered progress reports every six months, the first due March 22, 2027.
Legal and Historical Background
The lawsuit began in 2023 when inmate Bernie Tiede filed a civil action alleging unconstitutional heat conditions. Prison-rights groups later joined, expanding the case to cover all inmates in uncooled facilities. In 2025, Pitman declared the extreme heat “plainly unconstitutional” but stopped short of ordering immediate installation. A 2014 settlement at the Wallace Pack Unit had already required air conditioning at that prison, setting a precedent for broader claims.
Scale of the Prison System and Funding Estimates
Texas houses roughly 143,000 people across 104 prisons. Just over one-third of the facilities are fully air-conditioned, leaving about 89,000 inmates without cooling. TDCJ estimates systemwide installation will cost about $1.5 billion. In its latest budget request, the department asked for $289 million for cooling in the 2028-29 biennium, far less than the $774.3 million it said it could obligate under its two-phase plan.
Official Statements & Responses
- TDCJ will appeal, asserting it already has “robust heat mitigation efforts” and is expanding air-conditioned beds.
- Marci Marie Simmons, former inmate and communications director for the Lioness Justice Impacted Women’s Alliance, called the ruling “a huge win.”
- Jennifer Toon, executive director of the Lioness, described the decision as “historic.”
Criticism & Opposition
TDCJ argues the $1.5 billion price tag exceeds its fiscal capacity and that the deadline ignores budgeting cycles. Prison officials say the department must balance cooling projects with other priorities such as healthcare and contraband detection. The judge rejected these arguments, stating financial concerns are not a legitimate excuse for non-compliance.
Conflicting Reports & Gaps
The agency has recorded 23 heat-related deaths between 1998 and 2012 and three additional deaths in 2023. Plaintiffs presented evidence of at least nine deaths from 2023 to 2025 they attribute to extreme heat, while TDCJ disputes causality, suggesting drug overdoses or other conditions. The exact death toll remains contested, and the judge noted the figures are likely undercounts.
Verbatim Quotes
- “Witnesses in this case who had been incarcerated in un-air-conditioned Texas Department of Criminal Justice prisons described themselves and their fellow inmates getting sick, passing out, and reaching a level of desperation to cool off that made it ‘common’ to splash toilet water on themselves,” — Robert Pitman, district judge
- “This decision is going to save lives, and that’s huge.” — Jennifer Toon, the Lioness’ executive director
- “Importantly, even where heat conditions do not result in immediate injuries or death,” — Robert Pitman, district judge
What’s Next
TDCJ must file an installation plan within days of the ruling and submit its first status report by March 22, 2027. Subsequent updates are required every six months. The state legislature will consider the agency’s funding request in the upcoming budget cycle, a decision that will determine whether the $1.5 billion target can be met on schedule.
