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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
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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More from this issue:
- Supreme Court Strikes Blow Against Attorney Fees, by Adrian Lomax
- Federal Judge Says Prisoners Denied Access to Courts
- Okay to Steal Mail
- Congress OKs Fed Cons to Pay Cost of Prison
- Freezing Temperature Violates Eighth Amendment
- Federal Prison Terms Increasing
- Prisoners No Longer Entitled to Witness Fees
- Death Threats and "Snitch Jacketing" by Guards Unlawful
- Court Cannot Dismiss Suit if Partial Filing Fee Paid
- Court Cannot Supply Elements of Complaint
- Maxed Out Washington Cons Have Right to Earn Good Time
- Dismissal of HIV+ Conditions Suit Reversed
- Prison Bosses Liable for Rights Violation
- Penn. Senate Warned of Possible Prison TB Epidemic
- Right to Avoid Tobacco Smoke Exposure not Established
- Washington Smoking Suit Dismissed
- Exposure to Tobacco Smoke Violates Eighth Amendment
- Vermont Ends Smoking Ban
- Indiana DOC Must Allow Witnesses at Hearings
- Prisoners Win Suit Over Circulating Petition
- Prisoner Entitled to Religious Diet
- Kentucky Cons Used as Scabs
- What's Wrong With This Picture?, by Paul Wright
- Editorial, by Ed Mead
- Section 1983 Proper Remedy for Disiplinary Violations
- Ex-Louisiana Officials Fined for Racial Segregation
- Jury Must Be Asked If Prisoner Testimony Credible
- Palestinians Sue Tear Gas Maker
- Crisis in the French Gulag, by Jean-Marc Rouillan
- Package Forwarding Service for Cons
- Oregon Wants Prisoners to Pay for Incarceration
- NIJ To Study Roots of Crime
- Battered Women in Prison
- 1990 U.S. Prison Population Stats, by Ed Mead
- No Welcome for Princess Anne
- Prisoners File Record Number of Suits, by Paul Wright
- Clinton for Prisoners: More Bad News, by Paul Wright
- Disabled Executed
- Reviews and Correspondence, by Paul Wright
More from these topics:
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- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.
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- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Free Phone Calls Saved Prisoners and Their Families More than $600 Million, Report Finds, July 1, 2026. Conditions of Confinement, PLRA, Prisoner Privileges, Rehabilitation/Recidivism, Telephones.

