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Right to Avoid Tobacco Smoke Exposure not Established

Loaded on March 15, 1993 published in Prison Legal News March, 1993, page 5
Filed under: Conditions of Confinement, Smoking, Noise, Qualified Immunity. Location: Missouri.
In part of the continuing split among the circuits on this issue, some circuits have held exposing prisoners to Environmental Tobacco Smoke (ETS) violates the eighth amendment, see: Hunt v. Reynolds, above. Other Circuits have held it does not. See: Wilson v. Lynaugh, 878 F.2d 846 (5th Cir. 1989). The ...

 

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