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Florida prisoners file federal lawsuit over deadly heat with no A/C

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Florida prisoners file federal lawsuit over deadly heat with no A/C


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Stifling heat at a Miami-area concrete prison without air conditioning contributed to four deaths and subjected prisoners to cruel and unusual punishment, according to a federal lawsuit filed Thursday.

Three Dade Correctional Institution prisoners, represented by the Florida Justice Institute, said in the class-action suit that the state facility’s heat index surpasses 100 degrees in the summer. Prisoners are “routinely treated” in the infirmary for heat rashes, heat exhaustion and related illnesses, the lawsuit said, before they are returned to the “dangerously hot conditions” that sickened them.

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Florida Justice Institute attorney Andrew Udelsman told USA TODAY the nonprofit law firm has received a rising number of prison heat complaints over the last decade.

“In Miami-Dade County, it’s considered cruelty to animals to leave a dog in a parked car in the summer,” Udelsman said. “And here, basically, (the Florida Department of Corrections) is incarcerating at this prison 1,300 people in these concrete boxes all summer along, and basically ignoring their pleas for relief.”

The Dade Correctional Institution and Florida Department of Corrections did not immediately respond to USA TODAY’s requests for comment.

The lawsuit comes as meteorologists warn of abnormally hot temperatures across the globe. In the hottest summer on record this year, researchers said people in prison were made especially vulnerable to heat-related illnesses – or death – in confined spaces often with no air conditioning.

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A recent study at the Massachusetts Institute of Technology found more than 98% of prisons in the United States experienced at least ten days that were hotter than every previous summer, with the worst of the heat-exposed prisons concentrated in the Southwest.

Lawsuit alleges grueling prison conditions in summer heat

According to the lawsuit filed in U.S. District Court for the Southern District of Florida, most men in the 28-year-old prison suffer from at least one form of heat-related illness during the summer.

“Some have died of heat stroke or heart-related conditions that were exacerbated by prolonged exposure to extreme heat,” the complaint said.

The only air conditioning is in the officers’ control rooms, and plaintiffs said guards stationed in the dining area will rush prisoners to eat so they can return to the cooled spaces.

In a desperate attempt to escape the heat, the lawsuit said many prisoners wet their sheets and sleep on the concrete floor.

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People in solitary confinement spend about 23 hours a day in hot, badly ventilated cells that are smaller than an average parking space, where they sleep, eat and use the toilet, according to the complaint. They are allowed a limited number of showers a week.

One person who spent months in confinement bathed himself with toilet water at night because it was cooler than the sink water, the complaint said.

The lawsuit comes after a disappointing legislative session in Florida for prison reform advocates. State lawmakers declined to consider several bills aimed at improving prison conditions, including legislation that would have made air-conditioning mandatory in every housing unit in all of Florida’s correctional institutions.

Extreme heat contributed to deaths in prison, lawsuit says

The lawsuit alleges that heat played a role in four deaths and the toll could rise as more information comes to light, Udelsman told USA TODAY.

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One prisoner, identified as “J.B.” in the lawsuit, had complained for weeks of chest pains and difficulty breathing, the lawsuit said. The 81-year-old man was in a wheelchair, so he was assigned to a one-person cell, which had poor ventilation.

On Sept. 20, plaintiff Dwayne Wilson said he heard J.B. hollering for help from the cell. Wilson found him lying on the floor and gasping for breath, so he alerted a guard to the medical emergency, and J.B. was given breathing treatment before he was ordered back to his cell.

“The medical staff accused J.B. of coming to the air-conditioned infirmary simply to get out of the heat,” the complaint said. “Prisoners attempted to advocate on J.B.’s behalf, telling medical staff and officers that he was very ill.”

J.B. was found dead in his cell on Sept. 24. Court filings said the heat index reached 104 degrees that day – within the National Weather Service’s “danger” zone – and the exhaust fans in his cell were not working.

“It is likely that prolonged exposure to the hot, unventilated air at (Dade Correctional Institution) contributed to J.B.’s death,” the lawsuit said.

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Plaintiffs say they fell sick from heat

The three plaintiffs named in Thursday’s lawsuit all said that they fell sick from heat in the prison this summer and “have exhausted all available administrative remedies.”

Wilson, 66, in August fainted in his dormitory on a day the heat index reached 100 degrees, according to the complaint. He was carried to a medical unit and administered an IV, and a healthcare provider told him to “stay as cool as possible.”

Another plaintiff, 54-year-old Tyrone Harris, said in the lawsuit that he had to be taken to the medical unit for a one-hour breathing treatment two to three times a week this summer. Harris has asthma and takes medication for high-blood pressure and cholesterol, which make him more susceptible to heat illness, the lawsuit said. He often gets heat cramps, heat rashes and feels lightheaded.

Court filings noted Dade Correctional Institution’s population is especially vulnerable to heat exhaustion as more than half are over the age of 50 and nearly 25% are over 65. Many prisoners have medical conditions or disabilities that increase susceptibility to heat illness.

Majority of US prisons don’t have universal A/C

A USA TODAY analysis in 2022 found at least 44 states did not universally air-condition their prisons and only one – Tennessee – said it was fully air-conditioned.

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In Florida, about 24% of state prison housing units are air-conditioned, corrections department spokesperson Molly Best previously told USA TODAY. Fans and exhaust systems are used in lieu of A/C units.

People in prisons often face especially dire conditions when extreme heat hits as facilities are ill-equipped for blazing temperatures. And while some states aren’t typically known for oppressive heat, experts said they should be prepared for the realities of a changing climate.

“A lot of these prisons were not built to be comfortable or humane in the first place,” said Ufuoma Ovienmhada, lead author of the MIT study on prison heat. “Climate change is just aggravating the fact that prisons are not designed to enable incarcerated populations to moderate their own exposure to environmental risk factors such as extreme heat.”

Contributing: Jeanine Santucci, Javier Zarracina, Jennifer Borresen, USA TODAY; Elena Barrera, USA TODAY NETWORK – Florida

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State attorney says JEA board did not violate Florida’s Sunshine Law

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State attorney says JEA board did not violate Florida’s Sunshine Law


JACKSONVILLE, Fla. – The state attorney for northeast Florida said there’s no evidence that members of the JEA board violated Florida’s “Sunshine Law” with discussions surrounding the resignation and replacement of former CEO Jay Stowe.

A source said JEA leaders met at an Avondale coffee shop to discuss the CEO stepping down. It sparked an investigation

In May, a JEA employee filed a complaint with the city’s inspector general prompting the investigation.

The Sunshine Law requires that public business be conducted at publicly-noticed meetings.

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In October, the inspector general found that some board members did talk business outside of the meetings but the report made no determination on whether the Sunshine Law was violated and referred the matter to the State Attorney’s Office.

The state attorney’s office conducted its own investigation and said the allegations were “unwarranted and unfounded.”

DOCUMENT: State attorney’s report on JEA Sunshine Law investigation

It said the outside conversations did not involve JEA board business or were not covered by the Sunshine Law. The report also said that even if there had been evidence of a Sunshine Law violation, the fact that the decision to appoint Vickie Cavey as interim, and later permanent, managing director and CEO were made during public meetings would have resolved any purported violation.

Cavey responded to the investigation.

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“JEA appreciates the thorough investigation by the State Attorney’s Office,” Cavey said. “The JEA Board recognizes the importance of the Sunshine Law and its obligations to comply. The report determined JEA board members complied with the law and that no criminal conduct occurred. The baseless allegations by a former employee cast a shadow over the good work our board and more than 2,200 employees do each and every day delivering foundational services to Northeast Florida. Maintaining the trust of our community is of utmost importance and this report could not have provided a clearer vindication.”

Board Chair Joseph DiSalvo made this statement in response to the report.

“On behalf of the board of directors, we appreciate the diligent work of the State Attorney’s Office. I think it is important to note their findings reinforce the fact that each member on the JEA Board of Directors fully embrace transparency and Sunshine Law compliance and our commitment to remain above reproach when it comes to ethics and integrity,” DiSalvo said.

Copyright 2024 by WJXT News4JAX – All rights reserved.



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Florida Gators Edge Scheduled to Visit SEC Rival

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Florida Gators Edge Scheduled to Visit SEC Rival


The Florida Gators look to be losing edge rusher TJ Searcy to the transfer portal after he played two seasons in Gainesville. Searcy may not move too far away as he is reportedly visiting the Auburn Tigers this weekend.

READ MORE: DJ Lagway wins the Gasparilla Bowl MVP

Searcy’s 247Sports transfer portal ranking comes in at No. 90 overall and 12th edge. Evaluating his accomplishments for the orange and blue, he’s clearly a quality player. Still, the Gators should not be overly concerned about losing Searcy and here are two reasons why.

First, the Gators are working with extensive NIL money. According to Saturday Down South’s Neil Blackmon, the buyout money once set aside to replace Billy Napier will go toward improving the Florida football roster, as his quote defines.

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“Multiple sources close to the program told SDS that part of the logic in retaining Napier for 2025, as opposed to paying his $26.5-million buyout, half of which would have been due up front, was to use money raised for the buyout in the NIL space this offseason.”

Second, keep in mind that the teams currently competing in the College Football Playoff will see several players enter the transfer portal after their seasons conclude. Thus, even if the Gators do not find Searcy’s replacement from the current crop of players available, more talent will become available.

Third, prior to winning his fourth game in a row to close the season, head coach Billy Napier hinted that the Gators felt pretty good at edge and could still make additions.

“Wish TJ nothing by the best,” said Napier. “And maybe we’re not done there. We’ll see. But just think it’s a product of the world we’re living in, right? So, TJ has done a great job for us. It’s been a productive player. He’s done a good job off the field. Really grown up a lot. Proud of him, nothing but respectful.”

In the end, Florida loses a quality player in Searcy, but it will not be the Gators’ undoing and a comparable replacement should be coming to Gainesville.

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Florida requires teaching Black history. Some don't trust schools to do it justice

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Florida requires teaching Black history. Some don't trust schools to do it justice


TALLAHASSEE, Fla. (AP) — Buried among Florida’s manicured golf courses and sprawling suburbs are the artifacts of its slave-holding past: the long-lost cemeteries of enslaved people, the statutes of Confederate soldiers that still stand watch over town squares, the old plantations turned into modern subdivisions that bear the same name. But many students aren’t learning that kind of Black history in Florida classrooms.

In an old wooden bungalow in Delray Beach, Charlene Farrington and her staff gather groups of teenagers on Saturday mornings to teach them lessons she worries that public schools won’t provide. They talk about South Florida’s Caribbean roots, the state’s dark history of lynchings, how segregation still shapes the landscape and how grassroots activists mobilized the Civil Rights Movement to upend generations of oppression.

“You need to know how it happened before so you can decide how you want it to happen again,” she told her students as they sat as their desks, the morning light illuminating historic photographs on the walls.

Florida students are giving up their Saturday mornings to learn about African American history at the Spady Cultural Heritage Museum in Delray Beach and in similar programs at community centers across the state. Many are supported by Black churches, which for generations have helped forge the cultural and political identity of their parishioners.

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Since Faith in Florida developed its own Black history toolkit last year, more than 400 congregations have pledged to teach the lessons, the advocacy group says.

Florida has required public schools to teach African American history for the past 30 years, but many families no longer trust the state’s education system to adequately address the subject.

By the state’s own metrics, just a dozen Florida school districts have demonstrated excellence at teaching Black history, by providing evidence that they are incorporating the content into lessons throughout the school year and getting buy-in from the school board and community partners.

School district officials across Florida told The Associated Press that they are still following the state mandate to teach about the experience of enslavement, abolition and the “vital contributions of African Americans to build and strengthen American society.”

But a common complaint from students and parents is that the instruction seems limited to heroic figures like the Rev. Martin Luther King Jr. and Rosa Parks and rarely extends beyond each February’s Black History Month.

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When Sulaya Williams’ eldest child started school, she couldn’t find the comprehensive instruction she wanted for him in their area. So in 2016, she launched her own organization to teach Black history in community settings.

“We wanted to make sure that our children knew our stories, to be able to pass down to their children,” Williams said.

Williams now has a contract to teach Saturday school at a public library in Fort Lauderdale, and her 12-year-old daughter Addah Gordon invites her classmates to join her.

“It feels like I’m really learning my culture. Like I’m learning what my ancestors did,” Addah said. “And most people don’t know what they did.”

Black history mandate came at time of atonement

State lawmakers unanimously approved the African American history requirement in 1994 at a time of atonement over Florida’s history.

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Historians commissioned by the state had just published an official report on the deadly attack on the town of Rosewood in 1923, when a white mob razed the majority-Black community and drove out its residents. When the Florida Legislature approved financial compensation for Rosewood’s survivors and descendants in 1994, it was seen as a national model for reparations.

“There was a moment of enlightenment in Florida, those decades ago. There really was,” said Marvin Dunn, who has authored multiple books on Black Floridians. “But that was short-lived.”

Three decades later, the teaching of African American history remains inconsistent across Florida classrooms, inadequate in the eyes of some advocates, and is under fire by the administration of Republican Gov. Ron DeSantis, who has championed efforts to restrict how race, history and discrimination can be talked about in the state’s public schools.

DeSantis has led attacks on “wokeness” in education that rallied conservatives nationwide, including President-elect Donald Trump. In 2022, the governor signed a law restricting certain race-based conversations in schools and businesses and prohibits teaching that members of one ethnic group should feel guilt or bear responsibility for actions taken by previous generations.

Last year, DeSantis’ administration blocked a new Advanced Placement course on African American Studies from being taught in Florida, saying it violates state law and is historically inaccurate.

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A spokesperson for the College Board, which oversees Advanced Placement courses, told the AP they are not aware of any public schools in Florida currently offering the African American Studies class. It’s also not listed in the state’s current course directory.

Representatives for the Florida Department of Education and the state’s African American History Task Force did not respond to requests for comment from the AP.

“People who are interested in advancing African diaspora history can’t rely on schools to do that,” said Tameka Bradley Hobbs, manager of Broward County’s African-American Research Library and Cultural Center. “I think it’s even more clear now that there needs to be a level of self-reliance and self-determination when it comes to passing on the history and heritage of our ancestors.”

Most Florida schools don’t offer Black history classes

Last year, only 30 of Florida’s 67 traditional school districts offered at least one standalone course on African American history or humanities, according to state data. While not required by state law, having a dedicated Black history class is a measure of how districts are following the state mandate.

Florida’s large urban districts are far more likely to offer the classes, compared to small rural districts, some of which have fewer than 2,000 students.

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Even in districts that have staff dedicated to teaching Black history, some teachers are afraid of violating state law, according to Brian Knowles, who oversees African American, Holocaust and Latino studies for the Palm Beach County school district.

“There’s so many other districts and so many kids that we’re missing because we’re tiptoeing around what is essentially American history,” Knowles said.

Frustration over the restrictions that teachers face pushed Renee O’Connor to take a sabbatical last year from her job teaching Black history at Miami Norland Senior High School in the majority-Black city of Miami Gardens. Now, she is back in the classroom, but she also has been helping community groups develop their own Black history programs outside of the public school system.

“I wish, obviously, all kids were able to take an African American history class,” O’Connor said, “but you have to pivot if it’s not happening in schools.”

___

Kate Payne is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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