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7th Circuit Denies Qualified Immunity on ETS Claim
Loaded on Jan. 15, 2003
published in Prison Legal News
January, 2003, page 31
The Seventh Circuit Court of Ap-peals held that prison officials were not entitled to qualified immunity on a claim of exposure to environmental tobacco smoke (ETS). Wisconsin DOC prisoner Chad J. Alvarado brought suit against prison officials alleging an Eighth Amendment violation due to his exposure to ETS while incarcerated. …
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More from this issue:
- Washington Prison Health Care Substandard, by Angela Galloway
- From the Editor, by Paul Wright
- Habeas Hints: Procedural Update, by Kent Russell
- The Long Silence: Federal Prisoners' Fight to Get the Word Out Reaches Unprintable Extremes, by Alan Prendergast
- Book Review: From Prison to Home, by Roger Hummel
- North Carolina Jail Fire Kills Eight Prisoners
- Alabama DOC Quickly Settles Prison Working Conditions Suit, by John E Dannenberg
- Hustler Magazine Survives Arizona Prison Obscenity Test
- Los Angeles County Settles Overdetention Suits for $27 Million, by John E Dannenberg
- Sexual Assault Violates Eighth Amendment
- Wackenhut Warden and Six Guards Convicted In New Mexico Prisoner Beatings
- California's Parole Revocation System Violates Due Process, by John E Dannenberg
- Virginia Guards Acquitted of Assaulting Prisoner, by Michael Rigby
- Sentence Commuted for Sexually Assaulted New Mexico Prisoner
- Ninth Circuit Upholds BOP's Prorated Good Time Formula
- Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss
- Deaf Michigan Prisoner's ADA/RA Suit Survives Dismissal Challenge
- USPC Parole Revocation Policies Violate Due Process, by David Reutter
- Trial in Prison Violates Oregon's "Public Trial" Guarantee
- Amendment of Complaint to Identify Unknown Defendant Denied
- Denial of Wheelchair Claims Survive Summary Judgment
- PLRA Does Not Apply to Juvenile Facilities; $379,000 Attorney Fees and Costs Awarded, by David Reutter
- Excessive Force and Delaying Medical Treatment Defeats Dismissal
- Diabetic's Amputation Suit Set for Trial
- No Immunity for Failing to Protect Murdered Informant; Correctional Industries Employees Are State Actors
- Colorado Ad-Seg Decisions Subject to Judicial Review
- 7th Circuit: PLRA Exhaustion Requirements Retroactive; BOP Has Late Grievance Hardship Exception
- $27,848.30 Award in Texas Jail Slip and Fall Upheld
- A Jailhouse Lawyer's Manual, Fifth Ed. and 2002 Supplement, by Paul Wright
- Less Restrictive Alternatives Must Be Considered in Washington Sex Predator Commitments
- Brutal Jail Conditions Warrant Reduced Federal Prison Sentence
- News in Brief
- FLSA Inapplicable to Oklahoma Prisoners in Private Prisons
- 7th Circuit Denies Qualified Immunity on ETS Claim
- All Aspects of Inadequate Medical Need Not Be Exhausted
More from these topics:
- 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.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026. Failure to Protect (General), Physical Injury Rule, Qualified Immunity, Informants (Failure to Protect), 42 U.S. Code § 1983, civil action for deprivation of rights.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Fourth Circuit Revives Disabled Prisoner’s Claim for Denial of Out-of-Cell Exercise Time, Aug. 1, 2026. Totality of Conditions, Eighth Amendment, Exercise, Summary Judgment, Qualified Immunity.
- Oregon Reaches $49 Million Settlement with State Prisoners in COVID-19 Class-Action, Aug. 1, 2026. COVID-19, Eighth Amendment, Settlements, Class Certification, Qualified Immunity.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.

