Does the Eighth Amendment Require Air-Conditioned Prisons?

By Christopher Zoukis As summer temperatures rise beyond uncomfortable to approach dangerous, state prisons and local jails increasingly face court challenges which claim failure to protect inmates against temperature extremes amounts to “cruel and unusual” punishment in violation of the Eighth Amendment. In Texas, state prisons are facing numerous lawsuits, including a large federal class-action […]

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When disability becomes punishment

In the last couple of weeks I’ve been talking about compassionate release, specifically as it relates to the seriously ill and elderly. While it doesn’t precisely fit into the same discussion, individuals with disabilities face many of the same challenges. Some prisoners’ disabilities may indeed make them candidates for release, but regardless of their status […]

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