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HELLING v. McKINNEY

No. 91-1958.

509 U.S. 25 (1993)

HELLING et al. v. McKINNEY

United States Supreme Court.

Decided June 18, 1993.

Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General of Nevada, argued the cause for petitioners. With her on the briefs were Brooke A. Nielsen, Assistant Attorney General, David F. Sarnowski, Chief Deputy Attorney General, and Anne B. Cathcart, Deputy Attorney General.

Deputy Solicitor General Roberts argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorney General Gerson, Edwin S. Kneedler, William Kanter, and Peter R. Maier.

Cornish F. Hitchcock argued the cause for respondent. With him on the brief was Alan B. Morrison.*

White, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Blackmun, Stevens, O'Connor, Kennedy, and Souter, JJ., joined. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined, p. 37.

Justice White, delivered the opinion of the Court.

This case requires us to decide whether the health risk posed by involuntary exposure of a prison inmate to environmental tobacco smoke (ETS) can form the basis of a claim for relief under the Eighth Amendment.

I

Respondent is serving a sentence of imprisonment in the Nevada prison system. At the time that this case arose, respondent was an inmate in the...

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