Originally published in Prison Legal News September, 1993, page 1
Donald McKinney was a Nevada state prisoner who filed a civil rights complaint against prison officials, pursuant to 42 U.S.C. § 1983, claiming that his involuntary exposure to environmental tobacco smoke (ETS) from his cellmate’s and other inmates’ cigarettes posed an unreasonable risk to his health, thus subjecting him to cruel and unusual punishment in violation of the eighth amendment…. read more here: https://www.prisonlegalnews.org/news/1993/sep/15/exposure-to-secondary-smoke-can-state-claim/