Legal Cases on Smoking: Anyone litigating smoke related issues should obtain a copy of Summary of Legal Cases Regarding Smoking in the Workplace and Other Places . This 66 page synopsis of all significant cases dealing with smoking litigation includes a chapter dealing with prisons. In addition to court cases the summary includes law review articles, government reports, newspaper and magazine articles and much more. This is an invaluable resource that will save countless hours of research. Cost is $10. Contact: Tobacco Control Resource Center, 102 The Fenway, Boston, MA 02115.
Other important materials that courts have relied upon to rule in favor of prisoner litigants challenging ETS exposure is a 1986 report by the U.S. surgeon general which states that ETS causes lung cancer in non-smokers, killing up to 5,160 non-smokers a year. In 1993 the Enviromental Protection Agency classified ETS as a known carcinogen." The American Lung Association can provide copies of these and other materials helpful in proving a "serious risk of harm" exists in order to prevail on an eighth amendment claim.
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