Legal Opinion
Weaver v. Clarke
Court of Appeals for the Eighth Circuit
Decided January 30, 1995No. 94-2155PublishedCited by 41 opinions
1Opinion of the Court
BEAM, Circuit Judge.
An inmate filed a section 1983 claim alleging that prison officials had unconstitutionally exposed him to environmental tobacco smoke. The prison officials moved to dismiss the claim based on qualified immunity. The district court, relying on Helling v. McKinney, — U.S. -, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993), found that the inmate had pleaded the violation of a clearly-established right and denied the motion. The prison officials immediately appealed contending that the allegedly wrongful acts occurred before the Helling decision and therefore did not violate a…
2Cases cited14 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Farmer v. BrennanSupreme Court of the United States · 1994
- Anderson v. CreightonSupreme Court of the United States · 1987
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Wilson v. SeiterSupreme Court of the United States · 1991
9 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Atkinson v. TaylorCourt of Appeals for the Third Circuit · 2003
- Darryl Williams v. Paul Delo Bill Hartley Raphael Coad Greg Dunn Unknown Wells, Officer Norma Lavrrar Paul Stuart, OfficerCourt of Appeals for the Eighth Circuit · 1995
- Raymond W. Aswegan v. John Henry, Deputy Warden John Emmett Arthur Anderson Sgt. Gutman Robert Washington and Roger LawsonCourt of Appeals for the Eighth Circuit · 1995
- Hafley v. LohmanCourt of Appeals for the Eighth Circuit · 1996
- James Casazza v. Joseph C. KiserCourt of Appeals for the Eighth Circuit · 2002
36 more not listed; retrieve them via the Exa API.