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McKINNEY v. ANDERSON

No. 89-16589.

924 F.2d 1500 (1991)

William McKINNEY, Plaintiff-Appellant, v. Pat ANDERSON; Carol Ployer; H.L. Whitley; George W. Sumner; John Nye, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1991.

Attorney(s) appearing for the Case

William McKinney, Carson City, Nev., in pro per.

Kevin G. Higgins, Deputy Atty. Gen., Carson City, Nev., for defendants-appellees.

Before BROWNING, PREGERSON, and TROTT, Circuit Judges.

PREGERSON, Circuit Judge:

William McKinney, a prisoner in Nevada state prison in Carson City, filed a pro se civil rights complaint in United States District Court under 42 U.S.C. § 1983. McKinney, a non-smoker, alleged that he is almost constantly exposed to secondary cigarette smoke, also known as environmental tobacco smoke (ETS), because he is housed with a heavy smoker and there are no restrictions on smoking in the prison. McKinney complained that the exposure...

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