Chad J. Alvarado v. Jon E. Litscher, Secretary, Jane Gamble, B. McCreedy

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing valid Eighth Amendment ETS claim based on current and future serious health risk
• recognizing valid Eighth Amendment ETS claim based on current and future serious health risk
• noting that immunity defense usualiy depends on facts, and that plaintiff need not plead in anticipation to overcome it
• noting that immunity defense depends on facts that plaintiffs need not plead in anticipation of the defense
• declaring that, after Helling, prison officials were on notice that exposing a nonsmoking inmate with respiratory problems to “an environment in which ambient tobacco smoke is present” could constitute an Eighth Amendment violation
• noting that courts hesitate to dismiss complaints on qualified immunity grounds “[b]ecause an immunity defense usually depends on the facts of the case” beyond the allegations of the complaint

Source: CourtListener parenthetical corpus (CC0).