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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:
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026. Failure to Treat, Infections, Qualified Immunity, Fourteenth Amendment, rights, Deliberate Indifference.
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026. Pain, Cardiovascular, Failure to Treat, Qualified Immunity, Deliberate Indifference.
- Ninth Circuit Rules Favorably for Washington Prisoner Whose Writing Submission Was Censored, Oct. 1, 2026. Retaliation, Qualified Immunity, Mail Regulations, Censorship, First Amendment, rights.
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026. Qualified Immunity, Sovereign Immunity, Failure to Protect (Wrongful Death), Suicides, Deliberate Indifference.
- Second Circuit Affirms Denial of Qualified Immunity but Clarifies that 14th Amendment ‘Objective Reasonableness’ Is Standard of Review for Pretrial Detainee’s Claim of Sexual Abuse, Oct. 1, 2026. Staff-Prisoner Assault, Qualified Immunity, Fourteenth Amendment, rights, Pretrial Detention and Detainees, Wrongful Use of Force.
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Qualified Immunity, Failure to Train/Supervise, Monell Liability.
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Ninth Circuit Revives HRDC Challenge to Washington DOC Mail Restrictions, Aug. 1, 2026. Qualified Immunity, Publications/Books, Due Process, Censorship, First Amendment, rights.

