(The Hill) — A federal judge found the extreme heat in Texas prisons is “plainly unconstitutional” but did not order the state to begin installing air conditioners.

While U.S. District Judge Robert Pitman affirmed some of the claims about incarcerated conditions in the state, advocates will have to continue pressing their lawsuit in a trial, The Associated Press reported.

“This case concerns the plainly unconstitutional treatment of some of the most vulnerable, marginalized members of our society,” Pitman said in his ruling, noting that he believes excessive heat is an unconstitutional punishment.

The suit was originally filed in 2023 by Bernie Tiede, a former mortician serving a life sentence, until prisoner rights groups joined his effort.

The lawsuit argues the heat in Texas prisons can amount to cruel and unusual punishment. Summer heat can easily be above 100 degrees Fahrenheit in the state, particularly as summers continue to get warmer due to climate change.

The plaintiffs are asking the state to install air conditioning in state facilities, and while the judge stopped short of ordering the state to spend the billions of dollars on the installation, Jeff Edwards, the lead attorney for prisoners, said it was a victory.

“We proved our case,” he said. “The court made it very clear what the state is doing is unconstitutional and endangering the lives of those they are supposed to be protecting.”

Edwards said he wishes they could have protected prisoners for the upcoming summer months but will continue to work on their goal.

Pitman noted that it would take months to install temporary air conditioning and billions for a permanent solution. He expects the case to go to trial, where advocates can continue their case, though the state Legislature has not made moves on the matter for years.

The AP noted that about a third of the state’s roughly 100 prison units are fully air conditioned, and the rest only have partial air conditioning or no electric cooling.

The Associated Press contributed to this report.