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WARREN v. KEANE

Docket No. 98-2997.

196 F.3d 330 (1999)

Vince WARREN, Tyrone Benton, John Murray, Plaintiffs-Appellees, v. John P. KEANE, Superintendent; C. Greiner, Deputy; B. Kehn, Deputy; T. Morris, Fire & Safety; and Thomas A. Coughlin, Commissioner, New York State Corrections, J. Burt, Officer, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 16, 1999.

Attorney(s) appearing for the Case

Michael B. Lumer, Kaiser Saurborn & Mair, P.C. (David N. Mair, of counsel), New York, N.Y., for Plaintiffs-Appellees.

Thomas Sofield, Assistant Attorney General (Eliot Spitzer, Attorney General of the State of New York, Thomas D. Hughes, Assistant Solicitor General, of counsel), New York, N.Y., for Defendants-Appellants.

Before: WINTER, Chief Judge, WALKER and CABRANES, Circuit Judges.

JOHN M. WALKER, Jr., Circuit Judge:

Plaintiffs-appellees Vince Warren, Tyrone Benton, and John Murray, all New York state prison inmates, brought this action pursuant to 42 U.S.C. § 1983, alleging that they were subjected to cruel and unusual punishment through exposure to environmental tobacco smoke ("ETS"), commonly known as second-hand smoke. Defendants-appellants, who are officials of the New York State Department of Correctional Services ("DOCS"), appeal...

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