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Exposure to Fumes Violates 8th Amendment
Loaded on March 15, 1996
published in Prison Legal News
March, 1996, page 15
The court of appeals for the ninth circuit has held that it violates the eighth amendment to expose a prisoner to noxious fumes while he is locked in his cell. The court also discussed the application of qualified immunity in such cases. Steven Kelley is a California state prisoner. While …
Filed under:
Conditions of Confinement,
Toxic Fumes/Chemicals,
Eighth Amendment,
Physical Injury Rule,
Qualified Immunity,
Contractor Liability,
Premises Liability.
Location:
California.
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More from this issue:
- Prisoner ADA Suit Wins at Trial, by John Emry
- GCI Corruption Continues
- Lying Pathologist Imprisoned
- From the Editor, by Paul Wright
- Pro Se Tips and Tactics (Individual and Official Capacity Suits), by John Midgley
- Texas Medical Charge May Violate Due Process
- National Convocation May 18-22
- How Many Times Do We Pay?, by Jon Marc Taylor
- Qualified Immunity for ADA Suit
- Interlocutory Appeals Discussed
- Atlanta Jail Official Arrested
- The Cost of Litigation, by Arizona Reader
- Case Updates
- Legal Materials Available
- Soledad Brother, by Reviewed by Schulte, Elizabeth
- Attorney Fees for Consent Decree Enforcement
- Texas Guard Gets Probation for Killing Prisoner
- Florida Chain Gangs
- Forced Labor for Arizona Death Row Prisoners
- Virginia Class Action Members Sought
- Exposure to Fumes Violates 8th Amendment
- Clippings Suit Set for Trial
- Fact Disputes Not Immediately Appealable
- Contempt Ruling Against LA Prisoncrats
- No Specific Intent Required for 8th Amendment Claim
- Seventh Circuit Discusses Sandin
- Transexuals Entitled to Treatment
- Private Prisons Get Qualified Immunity
- Law on Retaliation Clearly Established in 2nd Circuit
- Guard's Rectal Search States Claim
- Prison Officials Can't Moot Law Library Suit by Transfer
- Washington State Sues Over Aliens
- News in Brief
- US Supreme Court Grants Review in Forfeiture Cases
- Muslims Granted TRO
More from these topics:
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026. Eighth Amendment, Staffing, Injunctions (PLRA), Failure to Treat (Mental Illness), Suicides.
- 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.
- CoreCivic’s Non-Binding Promises Leave Minnesota City Exposed, Oct. 1, 2026. Corrections Corporation of America/CoreCivic, Cost of Prison Systems, Tax Law, Contractor Liability, Immigration Detention.
- 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.
- 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.

