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New York Smoking Suit Set for Trial
Loaded on July 15, 1997
published in Prison Legal News
July, 1997, page 12
A federal district court in New York held that prison officials were not entitled to qualified immunity for exposing prisoners to Environmental Tobacco Smoke (ETS), also known as second hand smoke, and scheduled a trial to determine prison officials' liability. Several New York state prisoners at Sing Sing filed suit …
Filed under:
Conditions of Confinement,
Smoking,
Ventilation,
Qualified Immunity.
Location:
New York.
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More from this issue:
- Edwards v. Balisok: A Partial Victory for Prisoners, by David C Fathi
- Not All Things Considered
- From the Editor, by Dan Pens
- Ruchell Cinque Magee: Sole Survivor Still, by Mumia Abu-Jamal
- Trouble Coming Every Day; ADX-The First Year, by Ray Luc Levasseur
- Prisoners Roasted Alive
- Prison Pay Policy May Violate Court Access
- Administrative Exhaustion Requirements Not Retroactive
- Automatic Stay Provisions
- PLRA Filing Fees Not Applicable to Habeas
- Filing Fees Required in Civil Mandamus
- Consent Decree Termination
- Special Masters
- 6th Circuit Upholds PLRA IFP Provisions
- PLRA Doesn't Apply to Immigration Detainees
- Physical Injury Requirement Not Retroactive
- A Matter of Fact
- New York Smoking Suit Set for Trial
- Puerto Rican POW 'Graduated' from ADX Florence to USP Marion, by Daniel Burton-Rose
- Washington Prisoner Escapes from State's Most Secure Lockup
- Private Prison Disciplinary Action Subject to Colorado Court Review
- Judge Rules Texas Prisoner's Death a Result of Excessive Force
- Prisoners of Colonialism: The Struggle for Justice in Puerto Rico, by Daniel Burton-Rose
- In Defense of Mumia, by Daniel Burton-Rose
- Death Blossoms, by Mark Cook
- Suit Seeks to Expose BOP 'Suicide' Cover-up
- Jury Trial May Require Plaintiffs' Presence
- Hygiene and Retaliation Claims Require Trial
- Lucasville Uprising: $4.1 Million Settlement
- Plight of Undertrial Prisoners in India, by Sankar Sen
- News in Brief
- State Must Pay for Prisoner Witnesses
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.