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WEAVER v. CLARKE

No. 94-2155.

45 F.3d 1253 (1995)

George L. WEAVER, Appellee, v. Harold W. CLARKE, Director, Correctional Services, Lincoln Correctional Center; John J. Dahm, Warden, Chief Executive Officer, Lincoln Correctional Center; Douglas L. Reeves; David Skow; Robby G. Predmore; William Looye, Appellants, Roger O. Doerr, Defendant, Stephen W. Shutzer; Donald Earl Atkinson; Harold F. Thies, Jr., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 30, 1995.

Attorney(s) appearing for the Case

Marie Weeks, Lincoln, NE, argued, for appellants.

Bernard J. Monbouquette, Omaha, NE, argued (Bryan S. Hatch, on brief), for appellee.

Before BEAM, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

BEAM, Circuit Judge.

An inmate filed a section 1983 claim alleging that prison officials had unconstitutionally exposed him to environmental tobacco smoke. The prison officials moved to dismiss the claim based on qualified immunity. The district court, relying on Helling v. McKinney, ___ U.S. ___, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993), found that the inmate had pleaded the violation of a clearly-established right and denied the motion. The prison officials...

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