Legal Opinion

Edward Lee Clemmons v. Dale Bohannon, Robert Tansy, Herb Maschner, and Robert Mills

Court of Appeals for the Tenth Circuit

Decided February 14, 1992No. 88-2730PublishedCited by 65 opinions

1Opinion of the Court

ON PETITION FOR REHEARING EN BANC

TACHA, Circuit Judge.

This appeal arises from a suit brought by pro se plaintiff Edward Clemmons. Clem-mons, a nonsmoking inmate at the Kansas State Penitentiary in Lansing, Kansas, sued officials of the Kansas Department of Correction under 42 U.S.C. § 1983, alleging violations of the Eighth and Fourteenth Amendments arising out of his involuntary subjection to environmental tobacco smoke (ETS). Clemmons contends that his subjection to smoking cellmates in a shared cell has led to significant involuntary exposure to ETS and that this exposure amounts to…

2Cases cited31 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Estelle v. GambleSupreme Court of the United States · 1976
  4. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  5. Bell v. WolfishSupreme Court of the United States · 1979

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3Cited by65 opinions

  1. Helling v. McKinneySupreme Court of the United States · 1993
  2. Ronnie W. Carroll v. George E. DetellaCourt of Appeals for the Seventh Circuit · 2001
  3. Davidson v. FlynnCourt of Appeals for the Second Circuit · 1994
  4. Davidson v. FlynnCourt of Appeals for the Second Circuit · 1994
  5. Eanos Earl Hunt and Raymond Roger Jones v. Jeff ReynoldsCourt of Appeals for the Sixth Circuit · 1992

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

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