Legal Opinion

Atkinson v. Taylor

Court of Appeals for the Third Circuit

Decided January 21, 2003No. 01-2955PublishedCited by 331 opinions

1Opinion of the Court

OPINION OF THE COURT

O’NEILL, District Judge.

This is an appeal from the District Court’s denial of appellants’ motion for summary judgment based on qualified immunity. Appellee, an inmate of the Delaware Department of Correction, asserted civil rights infractions under 42 U.S.C. § 1983, claiming that appellants 1) violated the Eighth Amendment’s prohibition on cruel and unusual punishment by exposing him to environmental tobacco smoke (“ETS”) that created a serious medical need and posed an unreasonable risk of harm (Count I) and 2) retaliated and used excessive force against him for filing…

2Cases cited28 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Farmer v. BrennanSupreme Court of the United States · 1994
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Bounds v. SmithSupreme Court of the United States · 1977
  5. Helling v. McKinneySupreme Court of the United States · 1993

23 more not listed; retrieve them via the Exa API.

3Cited by331 opinions

  1. Betts v. New Castle Youth Development CenterCourt of Appeals for the Third Circuit · 2010
  2. Antonio Pearson v. Prison Health ServiceCourt of Appeals for the Third Circuit · 2017
  3. L.R. v. Philadelphia School DistrictCourt of Appeals for the Third Circuit · 2016
  4. Tremayne Durham v. G. KelleyCourt of Appeals for the Third Circuit · 2023
  5. Argueta v. United States Immigration & Customs EnforcementCourt of Appeals for the Third Circuit · 2011

326 more not listed; retrieve them via the Exa API.

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