Paul, Weiss Wins Emergency Relief Improving Conditions of Compelled Agricultural Labor at Angola Prison

On behalf of a putative class of people incarcerated at Louisiana State Penitentiary, also known as Angola, Paul, Weiss, alongside co-counsel Promise of Justice Initiative and Rights Behind Bars, obtained a temporary restraining order and preliminary injunction that requires prison officials to take immediate measures to preserve the health and safety of incarcerated men forced to labor on the “Farm Line.”

Built on the grounds of former slave plantations, Angola began functioning as a prison agricultural complex shortly after the end of the Civil War and the end of chattel slavery in Louisiana. Today, incarcerated men continue to work in those same plantation fields. Separate from the “productive” farming programs at Angola exists the Farm Line—a punitive form of discipline akin to 19th century slavery. Men assigned to the Farm Line are forced to perform degrading agricultural labor by hand, and without standard protective equipment, basic tools, access to breaks, shade or clean water.

In our motion for emergency relief, we argued that working the Farm Line is unbearable and unconstitutional under any circumstances, but that it is most inhumane in the summer when all of the risk factors for heat stroke and heat-related disorders are present. Relying on sworn declarations from nine plaintiffs, two experts and others subject to the Farm Line, as well as medical records, heat data, Angola’s deficient and unfollowed policies, industry standards and other evidence, we argued that conditions on the Farm Line satisfy both the objective and subjective prongs of an Eighth Amendment violation for cruel and unusual punishment and that preliminary relief enjoining operation of the Farm Line whenever the heat index meets or exceeds 88 degrees is constitutionally required.

In a July 2 opinion that largely adopted our arguments, the Middle District of Louisiana found that the plaintiffs had met the “extremely high standard” necessary to prove a likelihood of success on their deliberate indifference claim and issued an injunction ordering the defendants to immediately take numerous remedial measures “to preserve human health and safety.” The district court further ordered certain changes to Louisiana Department of Corrections’ policies and practices.

On July 3, the defendants filed an emergency appeal with the Fifth Circuit to stay the injunction, arguing that it was overbroad under the highly restrictive requirements of the Prison Litigation Reform Act (PLRA) and that the district court’s Eighth Amendment analysis was flawed. On July 5, the Fifth Circuit entered a temporary administrative stay. We filed an opposition later that day.

The Fifth Circuit partially lifted its administrative stay, holding that the defendants were unlikely to prevail in an appeal of the lower court’s Eighth Amendment findings and that the injunction’s requirements that the defendants provide shade, adequate rest breaks, sunscreen and other necessary protective clothing and equipment to those laboring on the Farm Line was not overbroad. The Fifth Circuit maintained the stay only with respect to the policies that would apply beyond Angola, finding those barred under the PLRA.

Trial in the underlying action is scheduled to begin on September 30.

The Paul, Weiss team includes litigation partner Joshua Hill, pro bono attorney Jeremy Benjamin and litigation associates Arielle McTootle, Ricardo Sabater, Leah Weiser, Adam Littlestone-Luria, Erica Paul and Kirk McLeod.