Edward Lee Clemmons v. Dale Bohannon, Robert Tansy, Herb Maschner, and Robert Mills
Court of Appeals for the Tenth Circuit
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
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Estelle v. GambleSupreme Court of the United States · 1976
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Bell v. WolfishSupreme Court of the United States · 1979
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3Cited by65 opinions
- Helling v. McKinneySupreme Court of the United States · 1993
- Ronnie W. Carroll v. George E. DetellaCourt of Appeals for the Seventh Circuit · 2001
- Davidson v. FlynnCourt of Appeals for the Second Circuit · 1994
- Davidson v. FlynnCourt of Appeals for the Second Circuit · 1994
- Eanos Earl Hunt and Raymond Roger Jones v. Jeff ReynoldsCourt of Appeals for the Sixth Circuit · 1992
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