Cole v. Collier

KEITH COLE, individually, and JACKIE BRANNUM, RICHARD KING,MICHAEL DENTON, FRED WALLACE,and MARVIN RAY YATES, individually and on behalfof those similarly situated, Plaintiffs, v. BRYAN COLLIER, in his official capacity, ROBERTO HERRERA,in his official capacity, and TEXAS DEPARTMENTOF CRIMINAL JUSTICE, Defendants.

CIVIL ACTION NO. 4:14-cv-1698

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

June 8, 2018

FINAL ORDER AND JUDGMENT APPROVING CLASS ACTION SETTLEMENT AND ATTORNEYS' FEES

Plaintiffs in this class action are incarcerated in the Wallace Pack Unit of the Texas Department of Criminal Justice prison system. Plaintiffs brought the action pursuant to 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Rehabilitation Act to end TDCJ's policy and practice of exposing them to extreme, unsafe heat. They allege that the extreme heat that they face each summer subjects them to a substantial risk of serious harm in violation of the Eighth Amendment, and infringes on the rights of disabled prisoners to reasonable accommodations.

After nearly four years of contentious litigation, the parties reached agreement on a class settlement, which requires TDCJ to air-condition the housing units in which class members reside. The Court granted preliminary approval of the settlement, directed notice to the class, and held a final fairness hearing.

Based on the memorandum and documents in support of the proposed settlement, the parties' arguments at the preliminary approval hearing, the filed objections, the parties' and objectors' arguments at the final fairness hearing, the remainder of the record, and the relevant law, this Court approves the proposed settlement for the reasons set forth below.

I. BACKGROUND

Keith Cole, Jackie Brannum, Richard King, Michael Denton, Fred Wallace, and Marvin Ray Yates brought this case, on behalf of themselves and others similarly situated (hereinafter, collectively, "Plaintiffs"), seeking injunctive and declaratory relief to mitigate the risks of exposure to extreme heat at the Wallace Pack Unit ("Pack Unit"), operated by the Texas Department of Criminal Justice.

Plaintiffs filed this action on June 18, 2014.¹ (Doc. No. 1.) Plaintiffs brought claims against the Texas Department of Criminal Justice, Bryan Collier, the executive director of the Texas Department of Criminal Justice, and Robert Herrera, the warden of the Wallace Pack Unit (hereinafter, collectively, "TDCJ"). (Doc. No. 629.) On behalf of themselves and the class, Plaintiffs alleged that exposure to high apparent air temperatures inside the housing areas of the Pack Unit violated their rights under the Eighth and Fourteenth Amendments. Additionally, Plaintiffs alleged violations of the Americans with Disabilities Act and the Rehabilitation Act on behalf of themselves and a subclass of people with disabilities that cause sensitivity to heat.

The Court certified the case as a class action under Rule 23(b)(2) of the Federal Rules of Civil Procedure in June 2016² and amended its certification order in March 2018. (Doc. Nos. 473, 1065.) The Fifth Circuit affirmed the Court's initial class certification order after an interlocutory appeal. Yates v. Collier, 868 F.3d 354 (5th Cir. 2017) (pet. for en banc review pending).³ In its order amending certification, the Court certified a general class of all incarcerated people who are still in TDCJ custody who were assigned to live at the Pack Unit between July 19, 2017 and August 8, 2017, or were living at the Pack Unit on March 6, 2018, as identified in Exhibit 1 to the Court's March 27, 2018 Order Amending Class Certification, Approving Class Notice, and Setting Date For Fairness Hearing (hereinafter "Class"). (Doc. No. 1065.) The Court also certified a subclass of those who had medical conditions causing heat sensitivity, as listed in Exhibit 2 to the Court's March 27, 2018 order (hereinafter "Subclass"). Id.

This case has been extensively litigated over the past four years. The Court held evidentiary hearings on class certification and two motions for preliminary injunctions. The Court entered its first preliminary injunction during the summer of 2016, requiring TDCJ to provide safe drinking water to inmates to mitigate the risks of excessive heat. (Doc. No. 477.) The injunction expired while TDCJ's interlocutory appeal was pending. Yates v. Collier, 677 Fed. Appx. 915 (5th Cir. 2017). The Court entered its second preliminary injunction in July 2017, after a nine-day evidentiary hearing. (Doc. No. 737.) The Court found that TDCJ was deliberately indifferent to Plaintiffs' Eighth Amendment right to be free from cruel and unusualpunishment. (Id. at 91.) The Court required TDCJ to take additional steps to protect all class members from the risk of heat exposure, and to house subclass members with conditions causing heat sensitivity in areas where the indoor apparent air temperature did not exceed 88 degrees Fahrenheit. (Id. at 98-99.) TDCJ developed a plan, which the Court approved, to enhance heat mitigation measures for all class members, and temporarily to relocate heat-sensitive subclass members to air-conditioned housing in other TDCJ prisons. (Doc. Nos. 769, 771.) The Court extended the July 2017 preliminary injunction, finding that the heat index outside of the Pack Unit often exceeds 88 degrees Fahrenheit for prolonged periods from approximately April 15 through October 30 each year, such that the relief ordered by the July 2017 injunction was required during these periods. (Doc. Nos. 854, 955.) TDCJ appealed the Court's July 2017 preliminary injunction. The appeal was pending when the parties reached agreement on settlement. (See Doc. Nos. 989, 1016 (fully-executed settlement, hereinafter "Settlement").)

The parties reached agreement on a settlement in principle on January 31, 2018 and moved this Court for preliminary approval of class settlement and amendment of its class certification order on March 6, 2018. (Doc. No. 989.) Plaintiffs Mr. Brannum, Mr. King, Mr. Denton, Mr. Wallace, and Mr. Yates signed the Settlement (hereinafter "Class Representatives"); Mr. Cole did not. The Court granted preliminary approval, amended its class certification order, ordered that notice be sent to the class, and set a final fairness hearing for May 8, 2018. (Doc. No. 1065.) The Court held the fairness hearing as scheduled and heard argument from counsel and, via telephone, from all objectors who wished to speak.

The Court has subject matter jurisdiction over the claims of the Plaintiffs pursuant to 28 U.S.C. §1331 and §1343.

II. THE PROPOSED SETTLEMENT

The Settlement brings significant relief to the class, remedying the harms at the center of Plaintiffs' case: the dangers of exposure to excessive heat.

The Settlement requires cooling of the air in housing areas of the Pack Unit during periods of likely extreme heat. The Settlement requires TDCJ to air-condition the housing areas of the Pack Unit to maintain indoor heat indices at or below 88 degrees Fahrenheit between April 15 and October 15 each year. (Settlement at 9.) Between April 15, 2018 and October 15, 2018, and between April 15, 2019 and October 15, 2019, TDCJ will install temporary air conditioning at the Pack Unit, to keep heat indices at the Pack Unit at or below 88 degrees Fahrenheit. Subject to legislative approval, TDCJ will install permanent air conditioning in all housing areas of the Pack Unit before April 15, 2020, to keep the heat index at 88 degrees Fahrenheit or less. (Settlement at 10.) If for any reason permanent air conditioning is not installed on or before April 15, 2020, temporary air conditioning will be provided in all Pack Unit housing areas during any April 15 to October 15 period in perpetuity, so long as any Class member is present at the Pack Unit, to keep the indoor heat index in the Pack Unit housing areas at or below 88 degree Fahrenheit. (Settlement at 11.)

The Settlement provides protections in the event of equipment malfunction. If there is an equipment malfunction for longer than twenty-four hours that causes the heat index to rise above 88 degrees Fahrenheit, TDCJ will notify the Edwards Law Firm (hereinafter "Class Counsel") and provide temporary heat mitigation measures. (Settlement at 9.)

Even if Class members are involuntarily transferred to other units for medical or security reasons, the temperature limitation will continue to apply to them. The Settlement requires TDCJ to house all Class members in air-conditioned environments with heat indices at or below 88degrees Fahrenheit at any other prison where TDCJ may incarcerate a Class member for the duration of the Class member's present term of incarceration. (Settlement at 11.) Because of Class members' medical conditions, Class and Subclass members may be temporarily or permanently transferred to medical facilities that are air-conditioned as directed by qualified medical personnel. Because the Pack Unit has only dormitory housing, it may not house prisoners with certain security classifications⁴ or prisoners who require administrative segregation. If a Class or Subclass member acquires a heightened security classification or must be placed in administrative segregation, he will be transferred from the Pack Unit to other air-conditioned housing facilities in accordance with the re-classifications.

The Settlement further provides that TDCJ will transport Subclass members in air-conditioned vehicles whenever Subclass members leave the Pack Unit for medical appointments or other travel within the TDCJ system during their present term of incarceration. (Settlement at 12.)

The Settlement also includes measures to ensure that heat-related protections do not interfere with Class members' access to parole-related programs. TDCJ will provide all conditional parole-voted programs to Class and Subclass members in air-conditioned facilities during the Class members' current terms of incarceration, except for the Innerchange...