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Guards' Smoke Violates Eighth Amendment
Loaded on Aug. 15, 1996
published in Prison Legal News
August, 1996, page 19
A federal district court in Illinois held that a guard deliberately blowing smoke into the face of a prisoner with respiratory ailments violates the eighth amendment. Clarence Walker is a 65 year old Illinois state prisoner who has emphysema, asthma and diabetes, among other medical problems. Walker went to the …
Filed under:
Guard Misconduct,
Medical,
Respiratory,
Diabetes,
Smoking,
Eighth Amendment,
Summary Judgment,
Supervisory Liability.
Location:
Illinois.
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More from this issue:
- Supreme Court Reverses Court Access Case, by Paul Wright
- ABA Wants Pro Se Litigation Info
- Discovery and Proof in Police Misconduct, by Allan Parmelee
- From the Editor, by Dan Pens
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Attorney Fees Awarded in Jail Suit for Attorney-Client Space
- Prison Visitor Allowed to Refuse Search
- A Matter of Fact
- Anti-Terrorism Act Terrorizes Habeas Petitioners, by David Zuckerman
- Publications Review, by Paul Wright
- 5th Circuit Bars Ad Seg Claims
- Beating Shackled Prisoners States Claim
- Canada's Prison Chief Resigns
- U.S. Supreme Court to Hear Kansas Civil Commitment Case
- BOP Ad Seg Rules Don't Create Liberty Interest
- Women Prisoners Win Court Access Claim
- New Washington Prison Needs Major Repairs
- Canadian Prisoners Regain Voting Rights, by Michael Klug
- Washington Money Seizure Suit Update, by Paul Wright
- Wisconsin Property Policy Violates RFRA
- VitaPro Update
- Brig Fire Sparks Political Debate, by Dan Pens
- $168,500 Awarded in Prisoner's Death
- Guards' Smoke Violates Eighth Amendment
- TVs for Justice, by Dan Pens
- New Jersey MCU Suit Settled
- Departing Visitor Cannot Be Searched -- Strip Search Okay
- News in Brief
- Settlement Reached in Alabama Chain Gang Suit
- Photocopies Required for Court Access
More from these topics:
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- Last of Three Oklahoma Jail Death Settlements Totaling $66.5 Million Paid for Fatal Dehydration of “Cookie Queen”, Oct. 1, 2026. Diabetes, Settlements, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Tenth Circuit Vacates Award of Costs to Prison Officials, Revives Prisoner’s Claim Alleging Denial of Access to Functioning Toilets and Exposure to Other Prisoners’ Feces, Oct. 1, 2026. Plumbing, Sanitation, Summary Judgment, Costs, Deliberate Indifference.
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026. Failure to Protect (General), Staffing, Security Systems, Summary Judgment, Deliberate Indifference.
- 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.
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026. Medical, Eighth Amendment, Administrative Exhaustion, Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference.
- Ninth Circuit Reverses Dismissal of Prisoner’s ADA Complaint Alleging Denial of Toileting and Hygiene Services, Oct. 1, 2026. Disabled Prisoners, Hygiene Supplies, Summary Judgment, Americans with Disabilities Act, Deliberate Indifference.
- L.A. County Begins Making Nearly $5 Billion in Payouts to Survivors of Sex Abuse in Juvenile Detention, Sept. 1, 2026. Sexual Assault, Staff-Prisoner Assault, Prisoner-Prisoner Assault, Guard Misconduct, Jail Misconduct, Settlements, Juvenile Offenses/Offenders.
- “Nothing Short of Disgraceful”: New York Prisoner Wins Injunction Ordering Cancer Treatment Delayed Seven Years, Sept. 1, 2026. Cancer, Failure to Treat, Eighth Amendment, Injunctions, Deliberate Indifference.
- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.

