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SCOTT v. DISTRICT OF COLUMBIA

Nos. 97-7064, 97-7066 and 97-7067.

139 F.3d 940 (1998)

Benjamin W. SCOTT, Roger Dawson, & Sylvester Smith, Appellees, v. DISTRICT OF COLUMBIA, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 3, 1998

Attorney(s) appearing for the Case

Kathleen S. Beecher, Washington, DC, argued the cause for appellant. With her on the briefs were John M. Ferren, Corporation Counsel, Charles L. Reischel, Deputy Corporation Counsel, and Ronald S. Flagg, Washington, DC.

Douglas B. McFadden, Washington, DC, argued the cause for appellees. With him on the brief was Athan T. Tsimpedes, Washington, DC.

Before: GINSBURG, HENDERSON, and RANDOLPH, Circuit Judges.

RANDOLPH, Circuit Judge:

When these lawsuits began, Scott, Dawson and Smith were prisoners of the District of Columbia in the Lorton Correctional Complex in Virginia. Second-hand tobacco smoke at Lorton, they alleged in separate complaints, violated the cruel and unusual punishments clause of the Eighth Amendment to the Constitution. The district court agreed and issued a permanent injunction ordering the District to provide each of them with a smoke-free environment...

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