Legal Opinion
Avery v. Powell
District Court, D. New Hampshire
Decided August 29, 1988No. Civ. 88-7-DPublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
DEVINE, Chief Judge.
Plaintiff Clifford Avery, an inmate incarcerated in the New Hampshire State Prison (“NHSP”), 1 brings this pro se civil rights complaint pursuant to 42 U.S.C. § 1983 against defendants as NHSP officials and in their personal capacities. In his amended complaint, plaintiff claims that his continuous exposure to passive tobacco smoke as a condition of confinement violates the Eighth, Fifth, and Fourteenth Amendments to the United States Constitution and state law. Plaintiff seeks a declaratory judgment that defendants’ actions are unconstitutional and an…
2Cases cited61 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Haines v. KernerSupreme Court of the United States · 1972
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Wolff v. McDonnellSupreme Court of the United States · 1974
56 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Willard Barrett Wilson v. James A. Lynaugh, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1989
- William McKinney v. Pat Anderson Carol Ployer H.L. Whitley George W. Sumner John NyeCourt of Appeals for the Ninth Circuit · 1991
- Caputo v. FauverDistrict Court, D. New Jersey · 1992
- Maldonado v. TerhuneDistrict Court, D. New Jersey · 1998
- Edward Lee Clemmons v. Dale Bohannon, Robert Tansy, Herb Maschner, and Robert MillsCourt of Appeals for the Tenth Circuit · 1990
18 more not listed; retrieve them via the Exa API.