×
You've used up your 3 free articles for this month. Subscribe today.
No Qualified Immunity from ETS Exposure
Loaded on Sept. 15, 2000
published in Prison Legal News
September, 2000, page 28
The U.S. court of appeals for the Second Circuit held that it was clearly established after Helling v. McKinney, 509 U.S. 25 (1993), that prison officials could not be deliberately indifferent to exposure of prisoners to levels of environmental tobacco smoke (ETS) that posed an unreasonable risk of harm to …
Filed under:
Smoking,
Ventilation,
Civil Procedure,
Costs,
Appeals,
Qualified Immunity.
Location:
New York.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- The Restraint Chair: Safe and Humane?, by Anne-Marie Cusac
- Prison Realty/CCA Bailout Deal Canceled
- Deviant Doctors Dumped on Prisoners
- Former Political Prisoner Settles Suit for $4.5 Million
- Penis Stomping Guard Loses Appeal
- PLN Sues Nevada DOP
- WA and IN Prison Phone Rates Challenged
- Pro Se Tips and Tactics, by John Midgley
- The Ride: Rise of the NLR, by Willie Wisely
- Colorado DOC Attacks Jailhouse Lawyers
- Sex Offender Label May Require Due Process
- Change in Fulton County, GA: Indigent Defense, HIV, and Community Organizing, by Lisa Zahren
- Prison Physician Liable for Refusal of Care, by Ronald Young
- Washington Earned Early Release Credits Create Due Process Liberty Interests, by Mark Cook
- Fines Against WA Civil Commitment Center Stayed, by Dan Pens
- U.S. Parole Commission Retaliation Reversed, by Scott Fleming
- $53,000 Settlement in AL Conditions Suit
- Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit, by Mark Cook
- Bush's Conservative Compassion: Allowing a Life Sentence for Three Bounced Checks
- Censorship challenged in CO DOC
- News in Brief
- No Qualified Immunity from ETS Exposure
- Two Guards Killed During Botched Missouri Jail Escape
- Race-Based Religious Policy Violates Equal Protection Clause
More from these topics:
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- $2.75 Million Paid by Washington County and NaphCare for Jail Detainee’s Suicide, April 1, 2026. Naphcare, Qualified Immunity, Medical Neglect/Malpractice, Suicides, Deliberate Indifference.
- $10.3 Million Paid for Teen’s Death at Kansas Juvenile Detention Facility, April 1, 2026. Restraints, Qualified Immunity, Excessive Force (Wrongful Death), 42 U.S. Code § 1983, civil action for deprivation of rights, Wrongful Use of Force.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Tenth Circuit Affirmed Denial of Guards Qualified Immunity in Disabled Detainee’s Fourteenth Amendment Claim, March 1, 2026. Failure to Treat, Qualified Immunity, Fourteenth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Michigan Claws Back $1.2 Million Paid to Wrongfully Convicted Former Prisoner, Feb. 1, 2026. Police Misconduct, Wrongful Imprisonment, Qualified Immunity, Forensic Sciences, Fabrication of Evidence.
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026. Liberty Interests, Evidence, Qualified Immunity, Fourteenth Amendment, rights.
- Sixth Circuit Affirms Denial of Qualified Immunity for Michigan Jailer Accused of Retaliatory Assault, Jan. 1, 2026. Retaliation, Guard Brutality/Beatings, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.