WILSON v. LYNAUGH

No. 88-2768.

878 F.2d 846 (1989)

Willard Barrett WILSON, Plaintiff-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 2, 1989.


Attorney(s) appearing for the Case

Cheryl M. Kornick (Law Student), Henry A. Gabriel, Loyola Law School, New Orleans, La., for plaintiff-appellant.

Robin Sanders, Robert S. Walt, Asst. Attys. Gen., Austin, Tex., for defendant-appellee.

Before BROWN, WILLIAMS, and JOLLY, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

Wilson, an inmate in the Texas Department of Corrections (TDC) since 1979, filed an in forma pauperis (IFP) 42 U.S.C. § 1983 suit alleging that his exposure to environmental tobacco smoke (ETS) violated his Eighth Amendment right to be free from cruel and unusual punishment. The district judge dismissed Wilson's complaint with prejudice as frivolous pursuant to 28 U.S.C. § 1915(d). We affirm on the ground that Wilson...

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