Atkinson v. Taylor, et al.

The plaintiff, a blind, diabetic prisoner, who had quit smoking after receiving surgery for a pituitary adenoma, claimed that prison officials and the State of Delaware Department of Corrections violated his right to freedom from cruel and unusual punishment, as guaranteed under the United States Constitution, by exposing him to environmental tobacco smoke (ETS). According to the plaintiff, the exposure created serious medical needs and posed an unreasonable risk of harm to his health and safety. He therefore asserted that he was entitled to damages for present and future injuries. Furthermore, the plaintiff claimed that prison officials retaliated against him by using excessive force, including the use of physical violence, for filing the lawsuit. The defendants claimed that they were entitled to qualified immunity for the ETS claims, as well as for the retaliation and excessive force claims. The district court denied the defendants' motion for summary judgment. On appeal, the United States Court of Appeals for the Third Circuit found that a court could decide that the defendants violated the plaintiff's right to freedom from cruel and unusual punishment by exposing him to an unreasonable risk of present and future harm. Insofar as the defendants potentially violated a clearly established fundamental right, they were not entitled to qualified immunity for either the ETS or retaliation claims. The Court of Appeals did not pass judgment on the actual objective or subjective elements of the plaintiff's ETS claims.

Atkinson v. Taylor, et al., 316 F.3d 257 (3d Cir. 2003).

  • United States
  • Jan 21, 2003
  • United States Court of Appeals, Third Circuit
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Parties

Plaintiff Roger Atkinson

Defendant

  • Perry Phelps, Major
  • Andre Green, Cpl., in his/her individual and official capacity
  • Bradley Lee, Captain
  • Fred Way, C/O, in his individual and official capacity
  • Parker, Sgt
  • Raphael Williams, Warden
  • Stanley Taylor, Commissioner
  • State of Delaware Department of Corrections

Legislation Cited

42 U.S.C. § 1983

U.S. Constitution

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"We cannot conclude that appellants are entitled to qualified immunity. Atkinson has fulfilled Saucier's first prong for denying qualified immunity by alleging a violation of a clearly established constitutional right. As both the Weaver and Alvarado Courts point out the Constitutional right alleged by Atkinson was established over two decades ago by the Supreme Court in Estelle. See Alvarado, 267 F.3dat 651; Weaver, 45 F.3d at 1256. Atkinson's amended complaint alleges that he was exposed, with deliberate indifference, to constant smoking in his cell for over seven months and as a result suffered nausea, an inability to eat, headaches, chest pains, difficulty breathing, numbness in his limbs, teary eyes, itching, burning skin, dizziness, a sore throat, coughing and production of sputum. The dissent describes these symptoms as "causing discomfort somewhere between that of hay fever and the common cold" and notes that "millions of people not in prison voluntarily tolerate similar levels of risk every day from second-hand smoke and numerous other sources." However, unlike individuals who voluntarily expose themselves to ETS, a prisoner cannot simply walk out of his cell whenever he wishes. When a susceptible prisoner is confined to a cell, a small and confined space, with a "constant" smoker for an extended period of time, such symptoms may transform what would otherwise be a passing annoyance into a serious ongoing medical need. Additionally, Atkinson has fulfilled the second prong of Saucier's test by demonstrating that the constitutional right was clearly established by the Hunt, Weaver and Estelle Courts on or before his own claim arose in 1998-1999. See Estelle, 429 U.S. at 104, 97 S.Ct. 285 ("We therefore conclude that deliberate indifference to serious medical needs of prisoners constitutes the `unnecessary and wanton infliction of pain,' ... proscribed by the Eighth Amendment."); Weaver, 45 F.3d at 1256 (recognizing that severe headaches, dizziness, nausea, vomiting, and breathing difficulties stemming from exposure to ETS constitutes a serious medical need, which requires removal of the prisoner from a smoking environment under the Eighth Amendment); Hunt, 974 F.2d at 735-36 (concluding prisoner could state a present injury claim for ETS exposure); see also Alvarado, 267 F.3d at 651-52 ("[Prisoner]'s complaint stated an Eighth Amendment claim when he alleged that because of the prison officials' deliberate indifference, he was being exposed to levels of ETS which aggravated his chronic asthma, thereby endangering his existing health, a claim recognized as an Eighth Amendment violation twenty-five years ago in Estelle v. Gamble ...."). Moreover, Dr. Rizzo, an examining physician, has concluded that these symptoms possibly were precipitated by Atkinson's exposure to ETS. The District Court found that deliberate indifference to these alleged symptoms constituted a violation of clearly established law, and we agree. Atkinson alleges that when he tried to seek help at the prison infirmary the treating nurse responded that she was unable to transfer him to a cell with a nonsmoking roommate. Similarly, Atkinson has produced evidence that after telling prison officials about his sensitivity to ETS no change was made in housing conditions. This evidence demonstrates deliberate indifference on the part of prison officials. See Farmer, 511 U.S. at 837, 114 S.Ct. 1970 ("[A] prison official cannot be found liable under the Eighth Amendment for denying an inmate humane conditions of confinement unless the official knows of and disregards an excessive risk to inmate health or safety....")."