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Asthmatic South Carolina Prisoner Awarded $3,200 on ETS Claim
Loaded on Sept. 15, 2006
published in Prison Legal News
September, 2006, page 39
Filed under:
Conditions of Confinement,
Smoking,
Damages,
Qualified Immunity.
Location:
South Carolina.
A federal court in South Carolina found that prison officials were deliberately indifferent to an
asthmatic prisoner's medical condition by exposing him to environmental tobacco smoke (ETS),
from February 1999 to November, 2001. The court awarded $3,200, or $100 a month, finding
that while plaintiffs injuries were not de …
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More from this issue:
- For-Profit Transportation Companies: Taking Prisoners, and the Public, for a Ride, by Alex Friedmann
- PLN Wins FOIA Suit to Gain Copies of BOP Verdicts and Settlements without Charge, by John E Dannenberg
- Florida Guards a Day Late and a Dollar Short with Failure to Exhaust Defense; $180,000 Verdict Upheld
- From the Editor, by Paul Wright
- $500,000 CCA Escape/Hostage Damage Award Upheld
- Brownsville Texas Border Corruption Continues, by Gary Hunter
- A Captive Audience For Salvation, by Jane Lampman
- Pro Se Tips and Tactics: Fourteenth Amendment - Due Process: U. S. Supreme Court Clarifies Some Rights, by Daniel Manville
- Supreme Court: Banning Publications to Punish Recalcitrant Prisoners Trumps Their First Amendment Rights, by John E Dannenberg
- CSC Alien Abuse Class Action Settled for $2.5 Million
- Supreme Court Says No to Trial by Military Commission for Gitmo Prisoners, by Matthew T. Clarke
- No Room in Prison? Ship Em Off Prisoners have become unwitting pawns in a lowest-bidder- gets-the-convict shuffle game, by Silja JA Talvi
- U.S. Government Settles 9-11 Detainee Abuse Suit for $300,000, by Matthew T. Clarke
- Assistant U.S. Attorneys Ordered to Pay Prisoner $500 For Misconduct, by Michael Rigby
- Widespread Prisoner Labor Abuse Requires Reform, by Gary Hunter
- Nevada Summary Judgment for Non-Exhaustion Reversed
- New York Strip-Search Suit Settled for $1.7 Million
- Kentucky County Jail Settles Lawsuit Alleging Overcrowded Conditions, by Michael Rigby
- CCA Fineable in New Contracts With Colorado and Hawaii, by Matthew T. Clarke
- Virginia Sheriffs Pay for Christian Ministries, by Michael Rigby
- Washington DOC Settles Mail Censorship Suit with PLN for $442,500 in Fees and Damages, by John Dannenberg
- $75,000 Settlement for Untreated Wisconsin Methadone Patient, by Michael Rigby
- Virginia Prisoners Challenge Grooming Policy Under RLUIPA
- Florida County Bucks Paying $300,000 in Prisoner Medical Bills
- Sexually Abused Texas Prisoner Loses Federal Lawsuit, Returns To Prison, by Michael Rigby
- Asthmatic South Carolina Prisoner Awarded $3,200 on ETS Claim
- FL Work Releasees Reporting to Work Late Doesnt Amount to Escape
- Supreme Court Holds Administrative Remedies Must Be Properly Exhausted Under the PLRA, by John Dannenberg
- Delaware Legislature Rejects Bill Upgrading Prison Health Care, by David Reutter
- Dismissal of Failure to Protect Claim Reversed; No Showing Necessary to Survive Rule 12(b)(6) Dismissal
- Oklahoma Requires Exhaustion of Administrative Remedies For Ex-Prisoner Suits
- News in Brief:
- $470,000 Paid in Pennsylvania Jail Prisoners Seizure Related Death
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- Fourth Circuit Affirms Qualified Immunity in Strip Searches Resulting from Anonymous Tips, Sept. 1, 2026. Strip Searches, Qualified Immunity, Fourth Amendment, rights, Suspicionless Searches.
- Michigan DOC Legal Payouts Top $7 Million in FY 2025, Less than One Percent of $2.15 Billion Operating Budget, Sept. 1, 2026. Statistics/Trends, Cost of Prison Systems, Damages, Settlements.
- 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.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.

