Ball v. LeBlanc

STEPHEN A. HIGGINSON, Circuit Judge,, concurring in part and dissenting in part:

I agree with the majority opinion that the injunction should be vacated to the extent it orders the state to maintain the heat index below 88 degrees. However, because, as the majority opinion recognizes, “the rest of the injunction does not exceed the Ball I mandate,” I would affirm it. The relief measures ordered, including IcyBreeze units and diverted cool air, are consistent with the less-intrusive remedies suggested in Ball 1 and extend no further than necessary to correct plaintiffs’ constitutional injury. ’

I…