Davis V. State Of New York - Second Circuit U.S. Court Of Appeals

Davis V. State Of New York

By Second Circuit U.S. Court Of Appeals

  • Release Date: 2002-12-13
  • Genre: Law
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Davis V. State Of New York Second Circuit U.S. Court Of Appeals Book Review Score: ★★★★★ 5/5 stars

Appeal from the judgment of the United States District Court for the Western District of New York (H. Kenneth Schroeder, Jr., Magistrate Judge), granting appellees' motion for summary judgment, and dismissing appellant's 42 U.S.C. § 1983 complaint, which alleged that appellant, an inmate of Attica Correctional2 Facility, was exposed to unreasonably high levels of second-hand smoke, in violation of the Eighth Amendment's proscription of cruel and unusual punishment. Appellant also appeals from orders of the district court (Carol E. Heckman, Magistrate Judge), which denied preliminary injunctive relief and amendment of the complaint. We affirm the district court's denial of preliminary injunctive relief and the motion to amend the complaint, and we affirm summary judgment as to several of the defendants who are immune from suit. We vacate the district court's judgment as to the remaining defendants, and remand for further proceedings.

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