Cruel and unusual punishment.

• Position: Brief Article

U.S. Appeals Court SMOKE-FREE ENVIRONMENT

Alvarado v. Litscher, 267 F. 3d 648 (7th Cir. 2001). A prisoner brought an action against a prison alleging deliberate indifference to his exposure to environmental tobacco smoke in violation of the Eighth Amendment. The district court denied the prison's motion to dismiss and the appeals court affirmed, finding that the prisoner stated a claim upon which relief could be granted. The court found that the prisoner's current and future health had been endangered because he had chronic asthma. The prisoner alleged that other prisoners in his non-smoking housing unit smoked in violation of prison policy because correctional officers were frequently not at their post to enforce the smoking ban. The prisoner also alleged that he is unable to participate in programs that would enhance his chances of parole because smoking is permitted in common areas of the prison. (Dodge Correctional Institution, Wisconsin)

U.S. District Court TEMPERATURE

Scotti v. Russell. 175 F.Supp.2d 1099 (N.D.Ill. 2001). An Inmate brought a ?? 1983 action seeking injunctive relief and damages for alleged Eighth...