Four inmates at the Wallace Pack Unit in Navasota have filed a federal lawsuit against Warden Roberto Herrera, the Texas Department of Criminal Justice and Brad Livingston, the executive director of the TDCJ.

The inmates claim the TDCJ is exposing “sick, elderly and disabled prisoners to dangerously hot temperatures.”

One of the four inmates is 69-year-old Marvin Yates. He was convicted of DWI for a fourth time and sentenced to 30 years in prison. According to the lawsuit, Yates suffers from chronic obstructive pulmonary disease (COPD) and hypertension.

“I don’t know if I will make it this summer,” said Yates. “The heat and humidity are so bad I have trouble breathing. The metal tables in the dorms are too hot to touch and feel like they can burn your skin.”

The dorms that house inmates at the Pack Unit are not air conditioned. The inmates claim temperatures routinely exceed 100 degrees.

Inmates are not seeking monetary damages. They’re asking a federal judge to require TDCJ to keep the inside temperature at 88-degrees or below.

The other inmates named as plaintiffs are 60-year-old Keith Milo Cole, who’s serving life for murder, 51-year-old David Alexander Bailey, serving 33 years for drug possession, and 26-year-old Nicolas Diaz, serving 30 years for heroin possession.


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  1. LocalDrifter

    William Wayne Justice… Now that was a piece of work, right there. The prisoners pal. Couldn’t have died soon enough for me. I encourage everyone to squat over his grave.

  2. TG

    It can’t be too hot or there wouldn’t be so many repeat offenders so I don’t think they have a leg to stand on. I might add the now at ground temperature William Wayne Justice who thought so much of these parasites and cared more about their (non existent) rights than ours didn’t see anything wrong with them not having AC.

  3. boss wilson

    Well I have to work in it and can’t strip down to my boxers or take a cool down shower like they can. Suck it up and enjoy the ride! Maybe they should put that on billboards across Texas ” Prisons hot!” Don’t be a low life criminal. ” soft on crime” lol.

  4. LocalDrifter

    they are still humans

    By definition… perhaps.
    By behavior… not a chance.

    (Looks like someone’s on the TDC approved visitor list)

  5. spk

    How do you get to prison? Abusing other humans, not once or twice, but continuously, but don’t do anything to inconvenience these abusers. They should be sent to Iraq or Afghanistan and then they’d have a reason to complain. This is just incredible. It will be hotter than this where some of them are going.

  6. really66

    Well…. Don’t murder someone, don’t drink and don’t sell drugs…. Get a job and live in an air conditioned home!!! Just a thought!!!!!!!

  7. LazyCop

    hahaha…..what a nuisance suit….these convicted criminals deserve some good old Texas heat and humidity just like the rest of us…just who do they think they are…they gave up their freedom when they committed crimes. Put them in tents if they don’t like their cells. I guess all of us working jobs outside or in unairconditioned areas should also file suits…right ? NOT. Looks like they are sure being fed well. Also, can we put these thugs to work so they don’t have as much time to sit around doing nothing and complain about being in prison….lol

  8. happycamper

    88 doesn’t seem out of bounds…no matter what their crime, they are still humans…88 with the humidity we have down here would still s*ck…big time!

  9. LocalDrifter


    “Any present discomfort felt is merely temporary and should be appreciated as the State is taking a concerned interest in acclimating these individuals to accept a more appropriate climate at their final, permanent, and eventual eternal destination… Hell.”

    (That’s how a real leader would address and settle this non issue)

  10. pat malone

    It’s hot out on the roadway at nite and day hoping I don’t get hit by an intoxicated driver!!! When I was a kid I used to party and drink and drive. All I can say is I ‘m happy to be alive and a proud “grandpa”!!!! You boy’s put yourself in corrections, my children,grandchildren and my wife feel safer. I do wish you well but you were given many chances. Malone

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