Thomas Creech v. Josh Tewalt

Oral argument

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Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

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

• holding that Eighth Amendment ETS claims must show exposure to levels of ETS that pose an unreasonable health risk and deliberate indifference on the part of prison officials to mitigate risk
• recognizing claim of deliberate indifference of officials to exposure to tobacco smoke that poses unreasonable health risk
• explaining that, to meet the objective prong of the deliberate indifference test, an inmate must show that the risk he complains of is “so grave that it violates contemporary standards of decency”
• recognizing availability of injunctive relief when prisoner exposed to second-hand smoke
• finding prison officials may not “be deliberately indifferent to 17 the exposure of inmates to a serious, communicable disease”
• discussing a conditions of confinement claim and raising “exposure of inmates to a serious, communicable disease” as an example

Source: CourtListener parenthetical corpus (CC0).