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Sixth Circuit Reverses Dismissal of ETS/Retaliation Claims
Loaded on Dec. 15, 2006
published in Prison Legal News
December, 2006, page 40
Filed under:
Retaliation for Filing Grievances,
Conditions of Confinement,
Smoking,
Appointment of Counsel.
Location:
Tennessee.
The Sixth Circuit Court of Appeals reversed a 28 U.S.C. § 1915A(10)(1) dismissal of an environmental tobacco smoke (ETS) claim filed by a Tennessee prisoner, concluding that the plaintiff alleged sufficient facts to state a cognizable Eighth Amendment claim. The appeals court also found that the prisoners retaliation claim had ...
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