Davis v. New York.

• Position: CONDITIONS OF CONFINEMENT - Second-hand smoke - Brief Article

U.S. Appeals Court

SMOKE

Davis v. New York, 316 F.3d 93 (2nd Cir. 2002). A pro se state prisoner brought a [section] 1983 action alleging he was exposed to unreasonably high levels of second-hand smoke, in violation of the Eighth Amendment. The district court granted summary judgment in favor of the defendants and the prisoner appealed. The appeals court held that summary judgment was precluded on the issue of whether the prisoner was exposed to unreasonable levels of second-hand smoke. The court held that the prisoner's claim was not moot, even though he had been transferred to a different...