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Article • May 15, 2010 • from PLN May, 2010
$99,999 Settlement for Michigan Prisoner Damaged by Second-Hand Smoke by A Michigan prisoner accepted $99,999 to settle a lawsuit for damages and injuries he suffered as a result of prison officials’ failure to follow medical prescriptions to house him in a non-smoking environment. Prior to being housed at Carson City …
Article • August 15, 2009 • from PLN August, 2009
Fifth Circuit Reinstates Prisoner’s Environmental Tobacco Smoke Suit by Matthew Clarke by Matt Clarke The Fifth Circuit Court of Appeals has reversed a district court’s order granting summary judgment to prison officials in a prisoner’s environmental tobacco smoke (ETS) lawsuit. Getzell Johnson Murrell, Sr., a federal prisoner incarcerated in Beaumont, …
Article • July 15, 2009
ETS Exposure Suit Allowed to Proceed Despite Facility No Smoking Policy by U.S. District Judge Joseph A. Greenway, Jr. has denied a motion to dismiss for failure to state a claim in an action alleging cruel and unusual punishment in relation to a prisoner’s exposure to environmental tobacco smoke (ETS). …
Tobacco Companies Cannot Be Sued Under Section 1983; NJSFA Does Not Create Private Cause of Action by A New Jersey federal court dismissed a state prisoner’s suit against several tobacco companies for injuries from second-hand smoke inhalation. New Jersey prisoner James Hemphill sued Philip Morris USA, R.J. Reynolds Tobacco Co., …
Article • May 15, 2009
New York Jury Dismisses Secondhand Smoke Claim by On May 9, 2008, a New York jury unanimously ruled in favor of the City in a claim filed in 2001 by 78-year-old Raymond Marques, known as "Spanish Raymond" in his heyday as the alleged chief of the Spanish Harlem numbers racket …
Federal Prison Officials Granted Qualified Immunity in Colorado by A federal district court in Colorado has granted qualified immunity to the warden and associate wardens of the United States Penitentiary, Administrative Maximum Unit (ADX) in regards to a lawsuit filed by a federal prisoner. Prisoner Ahmed Ajaj filed suit against …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John Dannenberg Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed a summary judgment order in a federal …
Article • August 15, 2008
No Federal Claim for Failing to Warn Prisoner of Tobacco Risks by The plaintiff, a South Carolina prisoner, filed suit in the District of Columbia district court against the Surgeon General of the United States, the president of the AMA, and the heads of two tobacco companies for failure to …
Article • June 15, 2008 • from PLN June, 2008
$154,000 Awarded to Hawaii Prisoner Injured by Jumping from Bunk Bed Without Ladder And Exposed to ETS by Hawaii’s First Circuit Court has awarded a prisoner $153,652.73 in a negligence lawsuit. The prisoner’s claims arise from the failure to provide ladders on bunk beds and failure to enforce a non-smoking …
Article • May 15, 2008
Delaware Prisoner’s Conditions Suit States Claim by Delaware Prisoner's Conditions Suit States Claim The plaintiff alleges that while a detainee he had to sleep on the floor for a week in Booking and Receiving; when he was assigned to housing, he had to sleep on the floor for three weeks …
Article • January 15, 2008
Guards’ Failure to Enforce Prison No-Smoking Policy May Violate 8th Amendment by Guards' Failure to Enforce Prison No-Smoking Policy May Violate 8th Amendment Dwayne Manning, a federal prisoner, was exposed to cigarette smoke when prison guards didn't enforce the prison's no-smoking policy. He developed medical problems and sued the guards …
Article • December 15, 2007
$5,000 Awarded To Canadian Prisoner Exposed To Second Hand Smoke by In 2005, a Toronto prisoner was awarded $5,000 by a Canadian federal judge who ruled Correctional Services of Canada (GSC) failed to provide Vlado Maljkovich with the legally mandated healthy environment while in the Fenbrook Correctional Institute in Gravenhurst. …
Brief • June 4, 2007
Filed under: Respiratory, Smoking
Washington v. Denney, MO, Complaint, Smoking, 2007 j IN THE UNITED STATE DISTICT COURT EASTERD OF MISSOURI MR. ECCLESIASTICAL DENZEL WASHINGTON S. vs. 01--tf /IJ1 GOVENOR MATT BLUNT CASE NO. --(V-{ --SOW QUESTION JURY TRIAL DEMEND DEFENDANT LARRY CRAWFORD DEFENDANT DAVE DORMINE DEFENDANT WENDELL ENLOE DEFENDANT JAY CASSADY DEFENDANT BRAD …
Article • May 15, 2007
Prisoner's Suit Over Second-Hand Smoke States Claims by The U.S. District Court. D. New Hampshire, held that a prisoner's involuntary exposure to second-hand cigarette smoke constituted punishment for Eighth Amendment purposes and that he stated claims as to denial of a liberty interest without due process and cruel and unusual …
Article • May 15, 2007
Second Hand Smoke Exposure States Claim by A Kansas state prisoner filed suit alleging violation of his Eighth amendment rights after being exposed to second hand smoke (AKA environmental Tobacco Smoke, FTS). The district court awarded summary judgment to the defendants. The court of appeals for the Tenth circuit affirmed …
Article • May 15, 2007
$14,000 Tort Claim Settlement In Washington On Smoking Suit by In 1999 the Washington State Department of Corrections settled a tort claim with correctional sergeant, Ladean Ryan for $14,000. In 1995 the plaintiff complained to her supervisor at the Washington Corrections Center in Shelton that she could not work in …
Article • May 15, 2007
Nevada Smoking Suit Dismissed by Placing the non-smoking plaintiff in a cell for 42 days with a heavy smoker did not violate the Eighth Amendment, since he suffered only discomfort, irritation, and coughing, and 42 days doesn't pose an unreasonable risk to future health (based on what evidence, the court …
Article • May 15, 2007
No Right to Smoke by The court of appeals for the Eighth circuit held that Iowa prisoners have no constitutional right to smoke. No court has held otherwise. Given the rise in suits over exposure to second hand tobacco smoke more states are banning smoking. See: Grass v. Sargent, 903 …
Article • May 15, 2007
Sixth Circuit Upholds $54,750 ETS Damage Award by The Sixth Circuit US Court of Appeals upheld the district court's bench trial findings of fact and law, $54,750 damages award and $51,786 attorney fees award in a state prisoner 42 U.S.C. § 1983 civil rights suit claiming injury from environmental tobacco …
Article • May 15, 2007
Dismissal of Double-Celling, ETS Claims Vacated in Part by The U.S. Seventh Circuit Court of Appeals partly vacated a Wisconsin federal district court's dismissal of a prisoner's federal civil rights suit claiming Eighth Amendment violations by state prison officials. Quordalis V. Sanders, a Wisconsin state prisoner currently housed at the …
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