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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
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.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- Texas Moves to Restrict Cashless Bond and Reverse Federal Court-Ordered Misdemeanor Bail Reform, May 1, 2026. Conditions of Confinement, Money/Property, Bail/Pretrial Release, Civil Rights Actions or Offenses/Bivens Actions, Plea Agreements/Guilty Pleas.
- $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.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- 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.
- New York Governor Pulls Plug on Prison Watchdog Funding, March 1, 2026. Guard Misconduct, Prison Reform, Conditions of Confinement, Guards/Staff, State Legislation.
- 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.

