Talal v. White.

• Position: CONDITIONS OF CONFINEMENT - Brief Article

U.S. Appeals Court

SMOKE

VENTILATION

Talal v. White, 403 F.3d 423 (6th Cir. 2005). An inmate brought an action against a state corrections department and individual officials alleging that his exposure to environmental tobacco smoke (ETS) violated his Eighth Amendment rights. The district court dismissed the claim and the inmate appealed. The appeals court affirmed in part, reversed in part, and remanded. The court held that the prisoner stated a claim that satisfied the objective component of the test for determining deliberate indifference based on exposure to ETS, by alleging that he had been subjected to excessive levels of ETS at the hands of both staff and other inmates and that the prison's...