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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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‘I'm dead': Florida surfer survives second shark attack on Bathtub Beach

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‘I'm dead': Florida surfer survives second shark attack on Bathtub Beach


A Florida surfer says he’s thankful to be alive after being attacked by a shark not once, but twice now in his lifetime in the same area.

Both bites happened in the same waters, on Bathtub Beach in Martin County, a decade apart.

Charter boat captain and former competitive surfer Cole Taschman said he was paddling just past the reef when what he thinks was shark 7 or 8 feet long hit him from behind.

He described the shark as a “beast” to NBC affiliated WPTV, and thought it was a tiger or bull shark.

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“Both feet were in the shark’s mouth at once,” he said. “I looked back and I kind of got a glimpse of him, very wide nose, and I screamed… I was like, I’m dead.”

Taschman said his friends, also surfers, immediately came to his aid. His girlfriend even captured the dramatic moments from the shore.

“I got bit by a shark!” he yells in the video.

On the beach, his friends used their surf leashes to form a tourniquet and stop the bleeding as they raced to the nearest hospital.

From there, Taschman was transferred to St. Mary’s Medical Center in West Palm Beach.

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“The injury from the shark was very impressive, like the lacerations from the shark teeth are almost as clean from the knives, the surgical steel, we use to do our surgeries,” one of the surgeons on his team said.

This incident, Taschman said, was much more serious than the first time he was bitten. He told WPTV that he has had two surgeries to repair three tendons and received 93 stitches. 

“The difference between a high school athlete and an Olympic athlete are the difference between the two bites–very different,” he said.

The first time was in 2013, when Taschman was just 16 years old.

“It just happens so quickly that it’s a big adrenaline rush and it’s a lot of shock, and you do just kind of have a moment where it’s like, ‘OK I’m dead,’” he said.

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And even though the chances of ever being attacked by a shark, let alone twice, are extremely low, Taschman said he doesn’t feel unlucky.

“Don’t surf alone, and have your knowledge of what you’re doing. Know how to use a leash as a tourniquet, know how to be prepared to do these activities,” he said. “It’s proper prior planning, you know?”



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Florida considers whether partisanship has a place in education

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Florida considers whether partisanship has a place in education


The big story: As voters across Florida cast early ballots in advance of Election Day, they have the opportunity to decide whether to change the state constitution to allow for partisan school board elections, as News Service of Florida reports.

Some say the change would allow for greater transparency in what candidates stand for. Others, including a statewide student group, contend that it would inject too much politics into an already divided area where the main objective should be serving children, as WLRN reports.

They suggest that voters should look at candidates’ qualifications and priorities, and not make decisions based solely on party affiliation. Vox explored Florida’s Amendment 1 and the role of politics in education on its latest Today, Explained podcast. Take a listen.

A similar debate is playing out in Pasco County’s schools superintendent race, which already is a partisan election. One of the candidates is running without party affiliation against a well-funded Republican, hoping for an upset. His backers are starting to believe it could happen. Read more here.

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In Flagler County, a candidate endorsed by Gov. Ron DeSantis lost his primary bid to serve on the school board. Now DeSantis has appointed him to complete the term of a board member who resigned too late for an election to select her replacement, Ask Flagler reports.

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Affordable housing: The Monroe County school board continues to work through details for providing housing that its employees can afford, the Key West Citizen reports.

Cost cutting: The Hillsborough County school district is looking to save money on its health insurance expenses by self insuring, WUSF reports.

‘Intellectual freedom’ survey: The State University System’s annual survey indicated students and staff feel they have more freedom of speech than offered at other schools across the nation, Politico Florida reports. About 14% of students and 12% of staff participated. More from Florida Phoenix.

NIL: The Board of Governors wants more details on how a recent settlement that involves compensation for student-athletes will impact the future of college sports in Florida, News Service of Florida reports.

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Special education: Some St. Johns County parents say their children with special needs are not treated equitably in school despite the district’s efforts to decrease its use of restraints on students who are acting up, Jacksonville Today reports.

School choice: Palm Beach County schools have added ten new specialty programs in advance of the choice application window, the Palm Beach Post reports.

Teacher pay: The Collier County school district boosted its minimum teacher pay to $57,000 a year, second highest in Florida, WBBH reports.

From the police blotter … An Osceola County high school student was arrested on allegations of making threats of violence against a school, WKMG reports. • Law enforcement investigated calls that an Indian River County middle school student had brought a weapon to school. It turned out to be an unloaded plastic BB gun, TC Palm reports.

From the court docket … A former Port St. Lucie assistant police chief avoided jail time with a plea deal in a case described as a scheme to falsify records to allow high school football players to participate on Martin County teams they were not zoned for, WPTV reports.

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Don’t miss a story. Yesterday’s roundup is just a click away.

Before you go … Are you ready for the Great Pumpkin?



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Fans react to Georgia-Florida game relocation announcement

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Fans react to Georgia-Florida game relocation announcement


JACKSONVILLE, Fla. – For two years Jacksonville won’t be home to the annual matchup between the Florida Gators and the Georgia Bulldogs as EverBank stadium undergoes renovations.

The game will be played in Atlanta in 2026 and Tampa in 2027.

Enrique Hinojosa, a Georgia fan, said the announcement was bittersweet.

“Not because of the locations just because it’s not RV City,” Hinojosa said. “The friends and family we made here over the years probably won’t reunite there. And what we do here you can’t do there. So we’ll probably skip out those two years.”

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On another side, other people didn’t mind it.

“We’ll be in Atlanta at Mercedes Benz in 2026 and Tampa in 2027,” Randy Stone, a Georgia fan said.

“I started thinking how am I going to get my RV down there,” Richard Dean, a Florida Fan. “Where are we going to park the RV… “We’ll get there. We’ll figure it out.”

The games not being played in Jacksonville in 2026 and 2027 aren’t a first.

In 1994, the game was played in Gainesville, and in 1995 it was played in Athens.

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Stone said he’s just glad the decision-makers chose a neutral site for 2026 and 2027.

“If they take campus to campus, I don’t think it’ll ever comeback to a neutral site,” Stone said.

This game is one that brings in a lot of money to our area.

According to Katie Mitura, chief marketing officer for Visit Jacksonville, the estimated economic impact the game had on our area in 2023 was nearly 38 million dollars.

Their chief marketing officer broke it down even further and said the direct cash spent, or money spent on things like hotels and other businesses was nearly 22 million dollars last year.

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In 2022, the economic impact was nearly 40 million dollars.

While the direct cash spent was almost 23 million dollars.

The game not being here could mean a loss of money for the area.

News4JAX asked Visit Jacksonville if they had a statement about the game not being here and the potential loss of money for the area.

They said, in part. they are “really excited about the new stadium in 2028…and we are doing a lot of work to fill in the gap for the business holes during those years.“

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Copyright 2024 by WJXT News4JAX – All rights reserved.



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