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Article • May 15, 2007
Celling Non-Smoker with Smoker Negligence, Not Constitutional Claim by Affirming a federal district court in Michigan, the U.S. Sixth Circuit Court of Appeals upheld dismissal of a state prisoner's 42 U.S.C. §1983 suit for failure to state a claim. Michigan Department of Corrections (MDOC) prisoner Maurice Taylor, incarcerated at Brooks …
Article • May 15, 2007
Environmental Tobacco Amendment Exposure Alone Doesn't Violate Eighth Amendment by Environmental Tobacco Amendment Exposure Alone Doesn't Violate Eighth Amendment The U.S. Sixth Circuit Court of Appeals affirmed the U.S. District Court for the Middle District of Tennessee in denying a Tennessee Department of Corrections (TDOC) prisoner's claim that exposure to …
Article • May 15, 2007
Nevada Prisoner's Dismissed Deliberate Indifference Claim on ETS Exposure Reversed by Nevada Prisoner's Dismissed Deliberate Indifference Claim on ETS Exposure Reversed The U.S. Ninth Circuit Court of Appeals reversed the U.S. District Court of Nevada's dismissal of a prisoner's claim that state prison officials were deliberately indifferent in exposing him …
Exposure to Smoke, Retaliatory Discipline and Dish Washing Claims Dismissed by Complaints of "sporadic and fleeting" exposure to second hand smoke on bus rides were properly dismissed as frivolous absent "competent evidence that [the plaintiff's] intermittent exposure to smoke during bus rides was an unreasonable risk to his health." (498) …
Article • May 15, 2007
No Qualified Immunity to Virginia DOC Officials in Smoking Suit by The plaintiff, a non-smoker with a respiratory condition, was double-celled over his objection with a habitual smoker of cigars. In response to his grievance, he was moved to a unit for "troublemakers" and assigned to a cell with a …
Sixth Circuit Reverses Dismissal of ETS/Retaliation Claims by 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 …
Article • September 15, 2006 • from PLN September, 2006
Asthmatic South Carolina Prisoner Awarded $3,200 on ETS Claim by 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 …
Delaware Prisoner's $100,000 Damage Award For Retaliation Upheld by by Michael Rigby A disabled Delaware prisoner's $100,000 damage award for retaliation will stand, a federal district court in Delaware has held. On August 20, 1999, Roger Atkinson, a blind prisoner with a host of medical problems, sued Delaware prison officials …
Article • January 15, 2005 • from PLN January, 2005
Illinois ETS Injury Claim Allowed To Proceed; Out-of-State Legal Materials Ordered Provided by John E Dannenberg by John K Dannenberg Resolving two distinct complaints of an Illinois state prisoner, the Seventh Circuit U.S. Court of Appeals ruled that (1) where injury from ETS [second-hand cigarette smoke] was alleged at one …
Article • December 15, 2004 • from PLN December, 2004
Prisoner Lawsuits Not Subject to Heightened Pleading Standard in Seventh Circuit by The Seventh Circuit Court of Appeals held that a prisoner's complaint need only state the prisoner's legal claim together with some indication of the time and place: detailed facts need not be supplied. Brian K. Thomson, an Illinois …
No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints by No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints The U.S. Court of Appeals for the Third Circuit affirmed a district court's denial of summary judgment and qualified immunity for the Delaware prison guards who exposed a prisoner …
PLRA Physical Injury Rule Not Applicable in Non-Prison State Cases by The Eleventh U.S. Circuit Court of Appeals has vacated and remanded part of an Alabama Federal District Court's dismissal of a federal prisoner's suit against tobacco companies. The Court held that prisoner suits unrelated to prison conditions that are …
Article • July 15, 2003 • from PLN July, 2003
Kansas Tobacco Smuggling Conviction Upheld by The Kansas Supreme Court upheld Audra Watson's conviction for smuggling tobacco into the county jail in Pratt County, Kansas. That court rejected Watson's argument that the statute under which she was convicted, KSA § 21-3826, was unconstitutionally vague and could not be applied to …
Article • January 15, 2003 • from PLN January, 2003
7th Circuit Denies Qualified Immunity on ETS Claim by 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 …
$54,750 Damages Awarded Asthmatic Prisoner in Michigan ETS Suit by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D..) awarded an asthmatic Michigan state prisoner $36,500 in compensatory damages and $18,250 in punitive damages after a bench trial determination that Michigan Department of Corrections (DOC) wardens had …
Article • February 15, 2002 • from PLN February, 2002
Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs by Two recent appellate decisions from the Second and Sixth Federal Circuits have upheld the validity of the PLRA's taxation of costs against unsuccessful prisoner litigants, 28 U.S.C. §1915(f). The Second Circuit ruled that taxation of costs could be …
Article • January 15, 2002 • from PLN January, 2002
BOP Smoking Suit Dismissed by A federal district court in New York has dismissed a civil complaint filed by 435 federal prisoners against tobacco manufacturers and prison officials. The complaint alleged that tobacco manufacturers and Federal Bureau of Prisons (BOP) director, Kathleen Hawk, conspired to sell as many cigarettes as …
Maryland Court Ruling on Tobacco Smoke Prompts Settlement by A Maryland federal district court's ruling denying summary judgment in an "environmental tobacco smoke" (ETS) case has prompted the Maryland Department of Public Safety and Correctional Services (DOPSACS) to ban tobacco, matches, and lighters at all Maryland state prisons, effective June, …
Lorton Conditions Unconstitutional by A federal district court for the District of Columbia held that a prisoner stated claims for an assortment of constitutional injuries and a violation of the Lorton Act. The defendants' motion to dismiss the complaint or, in the alternative, for summary judgment was denied in part. …
NY DOCS Guard Nets $300,000 for ADA Retaliation by The U.S. court of appeals for the Second Circuit held that the absence of a finding of disability in a guard's Americans with Disabilities Act (ADA) claim did not preclude a finding that the guard's employer retaliated against him for bringing …
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