Eldredge Brewing Co. v. City of Portsmouth

How courts have described this case

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

• denying prison officials’ motion for summary judgment based on qualified immunity in an ETS case
• relying in part on prison’s internal “Policy and Procedure”, which expressly recognized harms of ETS exposure, in concluding ETS exposure violated clearly established law
• relying in 88 part on prison’s internal “Policy and Procedure,” which expressly recognized harms of ETS exposure, in concluding ETS exposure violated clearly established law
• rejecting the argument that the Eighth Amendment right to be free from exposure to unreasonable secondhand smoke levels is limited to the facts in Helling, where an inmate was double-celled with an inmate who smoked five packs of cigarettes daily
• rejecting the argument that the Eighth Amendment right to be free from exposure to unreasonable second-hand smoke levels is limited to the facts in Helling, where an inmate was double-celled with an inmate who smoked five packs of cigarettes daily
• denying qualified immunity where prisoner’s cell mate smoked five packs of cigarettes a day

Source: CourtListener parenthetical corpus (CC0).