[0] U.S. Appeals Court: SMOKE.

• Position: Brief Article

Warren v. Keane, 196 F.3d 330 (2nd Cir. 1999). State inmates brought an [sections] 1983 action alleging that they were subjected to cruel and unusual punishment through exposure to second-hand smoke. The district court denied summary judgment for the defendants and they appealed. The appeals court affirmed and remanded the case. The appeals court held that at the time the inmates brought the action it was clearly established that prison officials could violate the Eighth Amendment through deliberate indifference to inmates' exposure to levels of environmental tobacco...