*Katy Christman
I. Introduction
As natural disasters become more frequent, communities along our southern coastline face more frequent hurricane season evacuation orders, yet evacuation orders often leave incarcerated individuals behind.[1] When hurricanes and other natural disasters threaten coastal communities, local officials do not give inmates opportunity to seek shelter.[2] Authorities’ failure to address disparities in prison regulation and emergency protocol leave incarcerated members of our communities without necessary protection and support during times of crisis.[3]
II. Hurricane Katrina, Helene, and Milton
During the 2024 hurricane season, Hurricanes Helene and Milton rocked the southeast coast of the United States.[4] The hurricanes triggered evacuation orders that affected more than 5 million people and resulted in over 250 fatalities.[5] During Helene alone, 550 men in North Carolina’s Mountain View Correctional Institution remained in flooded cells without lights or running water for six days.[6] In Florida, during Milton, state officials repeatedly warned people in mandatory evacuation zones that if they chose to ignore evacuation orders, they were “going to die.”[7] Yet, roughly 28,000 inmates were left in prisons located in mandatory evacuation zones, and only a mere estimated 5,000 were evacuated.[8]
A prime example of failing to evacuate prisoners occurred at Orleans Parish Prison (OPP) during Hurricane Katrina in August 2005.[9] Instead of evacuating the OPP’s estimated 6,375 inmates, OPP officials locked them in their cells.[10] Officers claimed their plan was to leave four days’ worth of food and water, but inmates reported this “plan” was either non-existent, inadequate, or “ineptly executed.”[11] Upon Katrina’s arrival, OPP quickly lost power, and five to six feet of water and sewage flooded its lower levels.[12] Some prison officials such as nurses remained in buildings, but most evacuated and escaped the storm.[13] After the flood, staff began evacuating prisoners, forcing them to wade through chest-deep water to a highway overpass, where the prisoners suffered from severe dehydration, heat exhaustion, and abuse from guards.[14] Days later, authorities transported the inmates to other Louisiana facilities.[15] In some of the alternative facilities, authorities denied inmates beds or indoor housing, and instead kept them in a fenced field with guards watching from above.[16]
After Hurricane Katrina, many inmates challenged prison standards and their constitutionality.[17] In Earl v. Gusman, inmate Austin Earl brought a negligence claim against Sheriff Gusman, the Civil Sheriff of the Orleans Parish.[18] Earl argued that the Sheriff acted negligently by failing to implement an evacuation plan and provide inmates with food and water.[19] In Tate v. Gusman, inmate Tyrone Tate brought a claim under U.S.C. § 1983 against Sheriff Gusman, claiming he was subject to inhumane treatment and conditions during Hurricane Katrina.[20] In order to succeed on a 1983 claim, a party must demonstrate that their opponent was personally involved in the alleged incident or that they acted with “deliberate indifference to the plaintiff’s needs.”[21] Tate testified to being stranded in waist-deep water for over 12 hours and suffering a lack of water, food, medication, or bathrooms for roughly four days.[22] The courts dismissed both claims due to either immunity or the failure to prove the Sheriff acted deliberately.[23] It can be expected that litigation regarding the prison conditions during and following Helene and Milton will begin within the coming years.[24]
III. Current Prison Emergency Protocols
The American Correctional Association (ACA) is the “world-wide authority on correctional policy and standards.”[25] The ACA provides only one specific guideline regarding emergency management: it mandates that prison staff receive training on emergency management plans.[26] The ACA does not outline the specific components that these plans should include.[27]
The United States fails to protect incarcerated individuals when implementing emergency protocols within the prison system.[28] A study by the American Journal of Public Health revealed that, out of forty states with emergency management plans, only six include provisions for inmate safety and evacuation.[29] Additionally, ten states’ emergency management plans make no mention the Department of Corrections or incarcerated people at all.[30] In contrast, thirty states specifically outline the use of incarcerated individuals for labor during disaster clean-up within their emergency management plans.[31]
For example, Florida’s emergency management code states that, during a “natural or man-made disaster,” “provid[ing] for the safety… [of] inmates” is a priority and the goal is to “stabilize, isolate, and contain the incident and provide for preservation of life, property, and order.”[32] Nevertheless, during Hurricane Milton, prison staff evacuated and left inmates behind in prisons within mandatory evacuation zones.[33]
IV. Prison Emergency Protocols in Other Nations
While the United States lacks strong emergency management systems, other countries implement robust guidelines for handling natural disasters affecting their correctional facilities.[34]
In Indonesia, officials provide “comprehensive protocols for staff training, resident evacuation, risk assessment and contingency planning.”[35] Prisons maintain a “standby team” of officers specifically trained in emergency response.[36] Officers also remain on duty 24 hours a day in case of an emergency.[37] Each prison has an evacuation plan that identifies multiple evacuation routes and communication systems to stay in contact with authorities and agencies during emergencies.[38] Additionally, every prison must prepare a contingency plan, ensuring all staff understand their responsibilities during a disaster.[39]
In the Philippines, every jail facility uses a plan called “Oplan” to prepare for and respond to disasters and hazards.[40] Each facility customizes its Oplan based on the type of disaster (e.g., monsoons, hurricanes, fires, etc.) and outlines the specific tasks and responsibilities of every member within the correctional facility.[41] Facilities conduct monthly drills to practice different emergency scenarios, ensuring both inmates and correctional officers are prepared for emergency protocols.[42] In addition, certain prisons train inmates in first aid and disaster response, allowing them to function as liaisons during evacuation and assist with any injuries that may arise.[43]
V. Looking Forward
After Hurricane Katrina, Orleans Parish Prison began implementing limited changes.[44] Taking a small step in the right direction, the OPP now has an evacuation system, which it used during Hurricane Ida.[45] As natural disasters increase in frequency, failing to prioritize proactive plans that ensure for prisoner safety will likely lead to serious consequences for prisons within our coastal communities.[46] Every prison and jail located in states vulnerable to hurricanes or other natural disasters should start planning and practicing how to manage these emergencies.[47] As hurricanes continue to impact coastal states, acting after the damage is done is no longer sufficient; correctional facilities must proactively face the storm.[48]
VI. Conclusion
Identifying regulatory gaps and establishing new emergency preparedness protocols may not be easy, but one thing is clear: if the United States continues to function under a reactive, instead of a proactive, system, it will continue to put prisoners’ lives in danger.[49] Waiting for prisons to flood and endanger lives before acting is a system that fails.[50]
Photo Credit: Ichigo121212 from Pixabay
*Katy Christman is a second-year day student at the University of Baltimore School of Law, where she is a Staff Editor for Volume 54 of University of Baltimore Law Review, a Student Attorney in the Civil Advocacy Clinic, and a Distinguished Scholar of the Royal Graham Shannonhouse III Honor Society. She received her bachelor’s degree in Justice Studies and Humanitarian Affairs from James Madison University. Katy is excited to be joining Eccleston and Wolf as a Summer Associate for the upcoming summer.
[1] See Maya Habash, Locked Up in the Eye of the Storm: A Case for Heightened Legal Protections for Incarcerated People During Hurricane, 21 U. Md. L. J. Race Relig. Gender & Class, 137, 137 (2021).
[2] See id.
[3] See infra notes 5–25 and accompanying text (exhibiting why the United States must make changes to their prison policies on emergency preparedness and management).
[4] Christal Hayes & Max Matza, Florida faces ‘matter of life and death’ as Hurricane Milton closes in, BBC (Oct. 9, 2024), https://www.bbc.com/news/articles/crl8e084r9yo.
[5] Martina Igini, Costliest Climate Disasters of 2024 Racked Up More than $229bn in Damages, Killed 2,000: Report, Earth.Org (Dec. 31, 2024), https://earth.org/costliest-climate-disasters-of-2024-racked-up-more-than-229bn-in-damages-killed-2000-report/; see also Sevil Omer, Hurricane Milton: Facts, FAQs, and how to help, World Vision (Feb. 13, 2025), https://www.worldvision.org/disaster-relief-news-stories/hurricane-milton-facts-faqs-how-to-help.
[6] Schuyler Mitchell, Hurricane-Struck North Carolina Prisoners Were Locked In Cells With Their Own Feces For Nearly A Week, The Intercept (Oct. 4, 2024 12:56 PM), https://theintercept.com/2024/10/04/hurricane-helene-north-carolina-mountain-view-prison/; see also Li Zhou, These Floridians couldn’t flee Hurricane Milton. They’re incarcerated., Vox (Oct. 10, 2024, 3:10 PM), https://www.vox.com/climate/377272/hurricane-milton-florida-jails-prisons-manatee-pinellas-lee.
[7] Id.
[8] Id.
[9] See Nat’l Prison Project of the ACLU et al., Abandoned and Abused: Prisoners in the Wake of Hurricane Katrina 30 (2006), https://journals.sagepub.com/doi/abs/10.1177/0306396807080069.
[10] See id.
[11] Id. at 85.
[12] Id. at 85; See Habash, supra note 1.
[13] See ACLU, supra note 10.
[14] Id. at 87.
[15] Id. at 88.
[16] Id. at 87–89 (demonstrating the abuse that occurred during the evacuation as well as when inmates were transferred to other locations).
[17] See Earl v. Gusman, 228 So. 3d 268 (La. Ct. App. 2017); see also Tate v. Gusman, 459 F. Supp. 2d 519 (E.D. La. 2006).
[18] See Earl v. Gusman, 228 So. 3d 268.
[19] See id.
[20] See Tate v. Gusman, 459 F. Supp. 2d 519.
[21] Id. at 523–24.
[22] Id. at 521–22.
[23] See id; See Earl, 228 So. 3d at 268.
[24] Compare Mitchell and Zhou, supra note 7 (highlighting Hurricanes Milton and Helene and the conditions within North Carolina and Florida prisons during the 2024 hurricane season), with, Earl, supra note 19, and Tate, supra note 21 (demonstrating that Hurricane Katrina occurred in 2005, yet litigation for them did not ensue until a year to twelve years later).
[25] American Correctional Association, Manual of Accreditation Policy and Procedure 6 (Aug. 2020), https://aca.org/common/Uploaded%20files/Standards/ACA%20Manual%20of%20Accreditation%20Policy%20and%20Procedure%20-%20Aug%202020%20Final.pdf.
[26] See Morgan Maner, et al., Where Do You Go When Your Prison Cell Floods? Inadequacy of Current Climate Disaster Plans of US Departments of Correction, 112 Am. J. Pub. Health 1382 (2022).
[27] Id.
[28] See Maner, et al., supra note 27; see also ACLU, supra note 10 (highlighting the lack of emergency planning within the Orleans Parish Prison).
[29] Id.
[30] Id.
[31] Id.
[32] Fla. R. Admin. Code 33-602.206 (2024).
[33] Elizabeth Weill-Greenberg, Ethan Corey, & Meg O’Connor, Caught in the Storm: How Florida Prisons and Jails are Responding to Hurricane Milton, The Appeal (Oct. 10, 2024, 11:59 AM), https://theappeal.org/hurricane-milton-florida-jails-prisons-evacuations/.
[34] See Penal Reform Int’l, Natural Hazards and Prisons (2021), https://cdn.penalreform.org/wp-content/uploads/2021/12/PRI_Natural_hazards_and_prisons_WEB.pdf.
[35] Maner, et al., supra note 27.
[36] See Penal Reform Int’l, supra note 35 at 15.
[37] Id.
[38] Id.
[39] Id.
[40] Id.
[41] Id.
[42] See Penal Reform Int’l, supra note 35.
[43] Id.
[44] Hurricane Ida prep: Over 1,400 evacuated from jails in Orleans and Plaquemines, WDSU (Aug 28, 2021 8:25 PM), https://www.wdsu.com/article/hurricane-ida-prep-over-1400-evacuated-from-jails-in-orleans-and-plaquemines/37422758.
[45] See id.
[46] Rafael Méndez-Tejeda & José J. Hernández-Ayala, Links between climate change and hurricanes in the North Atlantic, PLOS Climate 1 (2023), https://journals.plos.org/climate/article?id=10.1371/journal.pclm.0000186.
[47] See Penal Reform Int’l, supra note 35 (exemplifying what reform could look like within the United States and providing examples of how other countries handle this same problem).
[48] See supra notes 5–25 and accompanying text (illustrating why the United States must take action to reform the emergency preparedness protocols within our jails and prisons).
[49] See supra notes 5–25 and accompanying text (demonstrating why the United States must change their emergency preparedness protocols within our jails and prisons).
[50] See supra notes 5–25 and accompanying text (providing examples of failures under the current emergency protocols).
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