Reilly v. Grayson.

• Position: CRUEL AND UNUSUAL PUNISHMENT - Brief Article

U.S. Appeals Court

SMOKE-FREE ENVIRONMENT

Reilly v. Grayson, 310 F.3d 519 (6th Cir. 2002). A prisoner brought a [section] 1983 action against prison officials alleging violation of his Eighth Amendment right to be free from cruel and unusual punishment. The district court entered judgment for the prisoner and awarded damages. The defendants appealed and the appeals court affirmed. The appeals court held that the prisoner had a right not to be exposed to environmental tobacco smoke that presented a serious risk to his health, and to removed from places where smoke hovered. The court affirmed the lower court findings that the prisoner's asthma was a serious medical condition and that it was exacerbated by exposure to...