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No Qualified Immunity from ETS Exposure
Loaded on Sept. 15, 2000
published in Prison Legal News
September, 2000, page 28
The U.S. court of appeals for the Second Circuit held that it was clearly established after Helling v. McKinney, 509 U.S. 25 (1993), that prison officials could not be deliberately indifferent to exposure of prisoners to levels of environmental tobacco smoke (ETS) that posed an unreasonable risk of harm to ...
Filed under:
Smoking,
Ventilation,
Civil Procedure,
Costs,
Appeals,
Qualified Immunity.
Location:
New York.
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More from this issue:
- The Restraint Chair: Safe and Humane?, by Anne-Marie Cusac
- Prison Realty/CCA Bailout Deal Canceled
- Deviant Doctors Dumped on Prisoners
- Former Political Prisoner Settles Suit for $4.5 Million
- Penis Stomping Guard Loses Appeal
- PLN Sues Nevada DOP
- WA and IN Prison Phone Rates Challenged
- Pro Se Tips and Tactics, by John Midgley
- The Ride: Rise of the NLR, by Willie Wisely
- Colorado DOC Attacks Jailhouse Lawyers
- Sex Offender Label May Require Due Process
- Change in Fulton County, GA: Indigent Defense, HIV, and Community Organizing, by Lisa Zahren
- Prison Physician Liable for Refusal of Care, by Ronald Young
- Washington Earned Early Release Credits Create Due Process Liberty Interests, by Mark Cook
- Fines Against WA Civil Commitment Center Stayed, by Dan Pens
- U.S. Parole Commission Retaliation Reversed, by Scott Fleming
- $53,000 Settlement in AL Conditions Suit
- Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit, by Mark Cook
- Bush's Conservative Compassion: Allowing a Life Sentence for Three Bounced Checks
- Censorship challenged in CO DOC
- News in Brief
- No Qualified Immunity from ETS Exposure
- Two Guards Killed During Botched Missouri Jail Escape
- Race-Based Religious Policy Violates Equal Protection Clause
More from these topics:
- 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.
- Illinois Shutters Decrepit Prison, Dec. 15, 2024. Ventilation, Water, Hygiene Supplies, Lighting, Vermin, Rural Prisons, Class Actions.
- Alabama Jail Accused of Granting Detainee’s Medical Bond Just Before Death to Avoid Costly Medical Care, Nov. 15, 2024. Failure to Treat, Costs, Bail Bonds.
- 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.
- Impoverished Ohio County Gets New Jail Space After Settling Suit for Bloody Detainee Assault, Oct. 15, 2024. Cost of Prison Systems, Guard Brutality/Beatings, Restraints, Settlements, Costs.
- 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.