United States Second Circuit

In complaints about excessive second-hand smoke levels, a prisoner's assertions may have been sufficient to create an issue of fact as to the level of smoke to which he was exposed and, thus, whether his Eighth Amendment rights were violated.

Appellate Information

• Decided 12/13/2002
• Published 12/13/2002

Judges

• JOHN R. GIBSON, Circuit Judge., Before SACK, B.D. PARKER, JOHN R. GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Samuel Davis, pro se, Attica, NY.


• For Appellees:
  
• Eliot Spitzer, Attorney General, State of New York, Victor Paladino, Nancy A. Spiegel, Assistant Solicitor Generals, on the brief, Albany, NY, for Defendants-Appellees.