Atkinson v. Taylor.

• Position: CRUEL AND UNUSUAL PUNISHMENT - Brief Article

U.S. Appeals Court

SMOKE

Atkinson v. Taylor, 316 F.3d 257 (3rd Cir. 2003). An inmate brought a suit under [section] 1983 claiming that prison officials violated his Eighth Amendment rights by exposing him to environmental tobacco smoke (ETS) that created a serious medical need and posed an unreasonable risk of harm. The district court denied summary judgment for the defendants and they appealed. The appeals court held that the defendant officials were not entitled to qualified immunity on the ETS claim because the right of a prisoner not to be subject to the risk posted by ETS was clearly established, and there was evidence that...