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No Immunity for Smoke Exposure
The court of appeals for the fifth circuit held that prison officials were not entitled to qualified immunity for exposing a prisoner to Environmental Tobacco Smoke (ETS, AKA second hand smoke). Raymond Rochon, a Louisiana state prisoner, filed suit claiming various prison, state and city officials had violated his eighth amendment rights by requiring him to live and work "in environments filled with tobacco smoke" since the beginning of his incarceration in 1981. Rochon claimed that even if he had not been harmed by the ETS yet, the smoke posed a threat to his future health. The district court dismissed the lawsuit under Fed.R.Civ.P. 12(b)(6), finding the defendants were entitled to qualified immunity.
In a brief ruling, the court of appeals affirmed in part, vacated and remanded in part. The court affirmed dismissal of the state and city official defendants but vacated the dismissal of the prison official defendants.
The court noted that in Helling v. McKinney , 509 U.S. 25, 113 S.Ct. 2475 (1993) [ PLN , Sep. 1993] the supreme court had held that exposing non smoking prisoners to ETS states a cause of action under the eighth amendment. "Rochon has alleged that he was forced to live and work in environments filled with tobacco smoke and that the prison smoking policies amounted to an unreasonable risk and deliberate indifference to his health. It is not beyond doubt that he can prove no set of facts establishing both of his allegations showing that this situation would not be within contemporary standards of decency."
The court did not mention or discuss any of the many cases that involve prison ETS litigation, including prior fifth circuit cases in the issue. See: Rochon v. City of Angola, LA , 122 F.3d 319 (5th Cir. 1997).
In a brief ruling, the court of appeals affirmed in part, vacated and remanded in part. The court affirmed dismissal of the state and city official defendants but vacated the dismissal of the prison official defendants.
The court noted that in Helling v. McKinney , 509 U.S. 25, 113 S.Ct. 2475 (1993) [ PLN , Sep. 1993] the supreme court had held that exposing non smoking prisoners to ETS states a cause of action under the eighth amendment. "Rochon has alleged that he was forced to live and work in environments filled with tobacco smoke and that the prison smoking policies amounted to an unreasonable risk and deliberate indifference to his health. It is not beyond doubt that he can prove no set of facts establishing both of his allegations showing that this situation would not be within contemporary standards of decency."
The court did not mention or discuss any of the many cases that involve prison ETS litigation, including prior fifth circuit cases in the issue. See: Rochon v. City of Angola, LA , 122 F.3d 319 (5th Cir. 1997).
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Related legal case
Rochon v. City of Angola
| Year | 1997 |
|---|---|
| Cite | 122 F.3d 319 (5th Cir. 1997) |
| Level | Court of Appeals |
Rochon v. City of Angola, 122 F.3d 319 (5th Cir. 09/24/1997)
[1] U.S. Court of Appeals, Fifth Circuit
[2] No. 97-30166
[4] September 24, 1997
[5] RAYMOND ROCHON, PLAINTIFF-APPELLANT,
v.
CITY OF ANGOLA, LOUISIANA; STATE OF LOUISIANA; JOHN P. WHITLEY, WARDEN, LOUISIANA, STATE PENITENTIARY; RICHARD STALDER, SECRETARY; EDWIN EDWARDS; BURL CAIN, WARDEN, LOUISIANA STATE PENITENTIARY, DEFENDANTS-APPELLEES.
[6] Appeals from the United States District Court for the Middle District of Louisiana
[7] Before DuhÃ, DeMOSS and Dennis, Circuit Judges
[8] Summary Calendar
[1] U.S. Court of Appeals, Fifth Circuit
[2] No. 97-30166
[4] September 24, 1997
[5] RAYMOND ROCHON, PLAINTIFF-APPELLANT,
v.
CITY OF ANGOLA, LOUISIANA; STATE OF LOUISIANA; JOHN P. WHITLEY, WARDEN, LOUISIANA, STATE PENITENTIARY; RICHARD STALDER, SECRETARY; EDWIN EDWARDS; BURL CAIN, WARDEN, LOUISIANA STATE PENITENTIARY, DEFENDANTS-APPELLEES.
[6] Appeals from the United States District Court for the Middle District of Louisiana
[7] Before DuhÃ, DeMOSS and Dennis, Circuit Judges
[8] Summary Calendar