Redmond v. Crowther

TYMKOVICH, Chief Judge *933 This appeal arises from prison officials' attempt to gain control over an agitated prisoner who refused to obey their orders, locked himself in the prison's outdoor recreation yard, and threatened prison officials. To subdue the prisoner, prison officials decided to drop CS gas, a commonly used tear gas, into the recreation yard.

The plan went awry. The recreation yard contained a prison ventilation system intake vent, which draws air in from the recreation yard and circulates it inside the prison. So when prison officials deployed the gas, the intake vent drew the gas…