As temperatures rise, judge tells Louisiana to help protect prisoners working in fields

Amid scorching summer temperatures, a federal judge ordered Louisiana to take steps to protect the health and safety of incarcerated workers working in the fields of a former slave plantation, saying they face “substantial risk of injury or death.” The state immediately appealed the decision.

U.S. District Judge Brian Jackson issued a temporary restraining order Tuesday, giving the state Department of Corrections seven days to come up with a plan to improve conditions at the so-called Farm Line at Louisiana State Penitentiary, also known as Angola. . The extensive penitentiary occupies land that was once a plantation.

Jackson called on the state to make changes to policies that address heat. He pointed out everything from inadequate shade and breaks at work to a failure to provide workers with sunscreen and other basic protections, including medical screenings for those especially vulnerable to high temperatures. However, the judge stopped short of fully shutting down the farm line when heat indices reached 88 degrees Fahrenheit (31.1 degrees Celsius) or higher, which is what the plaintiffs had requested.

The order comes amid growing national attention on prison labor, a practice that is firmly rooted in slavery and has evolved over the decades into a multi-billion dollar industry. A Two-year investigation by the Associated Press has linked the supply chains of some of the world’s largest and best-known companies – from Cargill and Walmart to Burger King – to Angola and other prison farms, where incarcerated workers are paid cents an hour or nothing at all.

Last year, several incarcerated men in Angola and the advocacy group Voice of the Experienced (VOTE) filed a class action alleging cruel and unusual punishments and forced labor in prison camps. The men, most of whom are black, said they use hoes and shovels or bend down to harvest crops by hand in dangerously high temperatures as armed guards watch. If they refuse to work or fail to meet quotas, they may be sent to solitary confinement or face other punishments, according to disciplinary guidelines.

As temperatures across the state continue to rise, “coping with the heat in Louisiana has become a matter of life and death,” Jackson wrote in his 78-page decision. “Conditions on the farm line ‘create a substantial risk of injury or death.’”

Lydia Wright of The Promise of Justice Initiative, attorney for the plaintiffs, applauded the decision.

“Farming has caused physical and psychological harm for generations,” she told the AP, adding that it is the first time a court has found the practice to be cruel and unusual punishment. “It’s an incredible time for incarcerated people and their families.”

Ken Pastorick, a spokesman for the Louisiana Department of Public Safety and Corrections, said the department “strongly disagrees” with the court’s overall ruling and has filed a notice of appeal with the 5th Circuit Court of Appeals.

“We are still reviewing the decision in full and reserve the right to comment in more detail at a later date,” he said.

—-

Contact AP’s global investigative team at Investigative@ap.org or