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No Immunity for Smoke Exposure
Loaded on April 15, 1998
published in Prison Legal News
April, 1998, page 20
The court of appeals for the fifth circuit held that prison officials were not entitled to qualified immunity for exposing a prisoner to Environmental Tobacco Smoke (ETS, AKA second hand smoke). Raymond Rochon, a Louisiana state prisoner, filed suit claiming various prison, state and city officials had violated his eighth ...
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More from this issue:
- Rural Prison as Colonial Master, by Christian Parenti
- French Robertson Prisoner Wins Suit
- Texas Warden Not Victim of Staff Assault, by T.Q.
- In Memory - Reverends Ernest Bromley and Maurice McCrackin, by John Perotti
- Mystery of Guard's Death Unlocked, by B K
- From the Editor, by Dan Pens
- Weights Banned in California, by Willie Wisely
- The Limits of the Law, by Mumia Abu-Jamal
- Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review
- Even Nominal Damages May Justify Attorney Fee Award
- $9,500 Award for Involuntary Psychotropic Drugging Affirmed
- MA and WA Parole Suits Not Cognizable Under § 1983
- Folsom New Year's Riot Over Haircut Policy
- Community Notification Upheld by Three Circuits
- $1.1 Million Award in Sexual Assault
- Failure to Protect Informant Claim Set for Trial
- $225,000 Jury Award in CDC Shooting Affirmed
- BOP Sentence Reductions Cannot Be Denied Based Upon Firearm Enhancements
- BJS Reports Prison Litigation Statistics
- PLRA Termination Provisions Constitutional
- Prolonged SHU Confinement May Implicate Liberty Interest But No Damages
- BOP Exceeds Statutory Authority in Denying Sentence Reduction
- News in Brief
- Pretrial Detainees Not Covered by FLSA
- Damage Award and Attorney Fees in Censorship Suit Affirmed
- U.S. Liable for Loss of Prisoner's Property
- 4th Circuit Establishes Detainee Excessive Force Standard
- PA DOC Not 'Victim' for Restitution Purposes
- Heck Applied to Segregation Claims
- No Immunity for Hearing Officer's Failure to Examine CI Credibility
- No Immunity in Jail Suicide for Medical Contractor
- $450,000 Award in Sexual Assault Case Not Excessive
- 5th Cir. Holds IFP Dismissals Are With Prejudice
- No Immunity for Smoke Exposure
- Florida Prisoners Have Property Interest Under DOC Rules
- Refusal to Waive Interest States Claim
- Alaska Computer Printer Ban Questioned
- Conditions in Camden County Jail Unconstitutional
More from these topics:
- Eleventh Circuit Tells BOP Prisoner in Georgia: Bivens Is On “Endangered Species List”, Feb. 15, 2025. Staffing, Immunity/Liability, Staff Training, Bureau of Prisons (BOP), Civil Rights Actions or Offenses/Bivens Actions.
- Eighth Circuit Affirms Denial of Qualified Immunity to Missouri Guards in Transgender Prisoner’s Suit Alleging Retaliation and Unreasonable Search, Jan. 15, 2025. Guard Misconduct, Retaliatory Searches, Qualified Immunity, Discrimination (Transgender), Immunity - Absolute and Qualified.
- Third Circuit Affirms Qualified Immunity for Pennsylvania Guards Who Pepper-Sprayed Asthmatic Prisoner, Nov. 15, 2024. Guard Misconduct, Medical Experiments/Exploitation, Pepper Spray/Tear Gas, Qualified Immunity, Guards/Staff, Immunity - Absolute and Qualified.
- Eighth Circuit Upholds Denial of Qualified Immunity to Minnesota Guard Accused of Assaulting Restrained and Compliant Prisoner, Nov. 15, 2024. Guard Brutality/Beatings, Restraints, Qualified Immunity, Immunity - Absolute and Qualified.
- ICE’s Deadly Force Problem: A Culture of Impunity, Nov. 1, 2024. Immunity/Liability, Excessive Force (Police), Immigration Law/Offenses.
- Iowa Qualified Immunity Law Lets County Off the Hook for Guard’s Sex Abuse of Jail Detainee, Oct. 15, 2024. Staff-Prisoner Assault, Qualified Immunity, Immunity - Absolute and Qualified.
- First Circuit Affirms Qualified Immunity for Massachusetts Officials Who Held Prisoner in Solitary for Two Years Without Hearing, Sept. 15, 2024. Qualified Immunity, Control Units/SHU/Solitary Confinement, Hearings.
- The Catch-22 of Qualified Immunity, Aug. 15, 2024. Police Misconduct, Qualified Immunity, Immunity - Absolute and Qualified.
- Third Circuit Denies Qualified Immunity to Pennsylvania Jail Guards and PrimeCare in Detainee’s Overdose Death, July 1, 2024. Primecare Medical, Drug Overdose, Qualified Immunity, Medical Neglect/Malpractice.
- Eighth Circuit Largely Restores Qualified Immunity to Minnesota Jail Guards in Use of Force on Bipolar Prisoner, July 1, 2024. Guard Brutality/Beatings, Qualified Immunity, Immunity - Absolute and Qualified.