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AVERY v. POWELL

Civ. No. 88-7-D.

695 F.Supp. 632 (1988)

Clifford AVERY, et al. v. Ronald POWELL, Commissioner, New Hampshire State Department of Corrections and Michael Cunningham, Warden, New Hampshire State Prison, in their individual and official capacities.

United States District Court, D. New Hampshire.

August 29, 1988.

Attorney(s) appearing for the Case

Clifford Avery, Concord, N.H., pro se.

Dennis R. Cookish, Concord, N.H., pro se.

Daniel J. Mullen, Asst. Atty. Gen., Concord, N.H., for defendants.

MEMORANDUM AND ORDER

DEVINE, Chief Judge.

Plaintiff Clifford Avery, an inmate incarcerated in the New Hampshire State Prison ("NHSP"),1 brings this pro se civil rights complaint pursuant to 42 U.S.C. § 1983 against defendants as NHSP officials and in their personal capacities. In his amended complaint, plaintiff claims that his continuous exposure to passive tobacco smoke as a condition of confinement violates the...

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