In a disturbing video obtained by The Associated Press, an investigator from the Virginia State Police expresses confusion over an inmate's description of "unbearable" conditions at the Marion Correctional Treatment Center. The inmate alleges that the prison's extreme cold temperatures caused toilet water to freeze and led to repeated cases of hypothermia among prisoners.

The investigation into the death of Charles Givens, a developmentally disabled inmate at the prison, revealed that he was among those who had been hospitalized multiple times for hypothermia. While a special grand jury declined to bring criminal charges in the case, Givens' sister has now filed a federal lawsuit against the prison, claiming her brother experienced routine mistreatment, including "cold-water torture," before being fatally beaten in 2022.

The lawsuit has shed light on broader concerns about conditions at the Marion Correctional Treatment Center, with the grand jury describing them as "inhumane and deplorable." According to records obtained by the AP, at least 13 inmates were hospitalized for hypothermia during cold weather months in a span of three years, while medical providers expressed concerns about the prison's temperatures.

Medical providers raised the possibility that the anti-psychotic medications some prisoners were taking might have contributed to their hypothermia hospitalizations. However, experts not associated with the prison stated that such side effects are rare and that the high number of hospitalizations should have raised serious concerns.

Dr. Fred Jarskog, a psychiatry professor at UNC-Chapel Hill, who has treated patients on anti-psychotics for 30 years, expressed astonishment at the number of hypothermia cases. He emphasized that even a single case would prompt discussion, but the figures seen at the Marion prison would warrant "a massive investigation."

The Virginia Department of Corrections (DOC) and the attorney general's office have been hesitant to address questions about prison conditions and the records obtained by the AP, citing the ongoing litigation. Documents related to Givens' death and inmate complaints about cold temperatures were previously withheld under the state's open-records law.

The Marion Correctional Treatment Center houses mentally ill offenders and general population inmates who provide support services. In the video exchange, the inmate speaking to the investigator claims that there was no functional heat in at least one part of the prison, resulting in unbearable indoor temperatures in the cells. The prisoner also alleges that officers would open exterior windows as a form of punishment, exacerbating the cold temperatures.

The Centers for Disease Control and Prevention (CDC) states that hypothermia, which can be fatal, is most likely to occur at very cold temperatures. However, it can still happen at cooler temperatures above 40 degrees Fahrenheit if a person is chilled from water.

Emails and other documents obtained by the AP reveal that medical workers at the prison expressed concerns about the cold conditions and the need to ensure windows were closed and blankets were available.

A grand jury report from 2022, prompted by Givens' death, described the prison sector housing mentally ill inmates as "unsuitable" and highlighted observations of ice forming on toilet water. The grand jury concluded that while there wasn't enough evidence to support an indictment in Givens' death, the case should be reconsidered if new evidence emerges.

As the lawsuit progresses, the Office of the Attorney General, representing two additional defendants with supervisory roles at the prison, has unsuccessfully tried to block further discovery into the issues of hypothermia and cold exposure. The defendants in the civil complaint, including five officers, have all denied the allegations made against them.

The AP's efforts to seek comments from the defendants' attorneys on the case and allegations of cold temperatures have been largely unsuccessful. The attorney for Givens' sister declined to comment on the findings.

This ongoing lawsuit raises serious concerns about the treatment and conditions experienced by inmates at the Marion Correctional Treatment Center, highlighting the need for further investigation and accountability within the Virginia prison system.