Larson v. Kempker.

• Position: Brief Article

U.S. Appeals Court

SMOKE

Larson v. Kempker, 405 F.3d 645 (8th Cir. 2005). A state inmate brought an action under [section] 1983 and the Prison Litigation Reform Act (PLRA), alleging that he was not adequately protected from exposure to second-hand cigarette smoke while he was imprisoned. The district court granted summary judgment for the defendants and the inmate appealed. The appeals court affirmed, finding that the inmate was not entitled to a preliminary injunction. The court held that there was...