SMITH v. WASHINGTON

No. 18-35263.

ROBERT SMITH, Plaintiff, and CALVIN MALONE, Robert Smith, other; GEORGE O. MITCHELL, Michael Johnson, other; DARREN PERKINS, Glenn Tilton, other; DARRELL KENT, Plaintiffs-Appellants, v. STATE OF WASHINGTON, Defendant, and KEVIN QUIGLEY, Secretary, Washington Department of Social Health Services; JOHN CLAYTON, Assistant Secretary of Juvenile Justice and Rehabilitation, Washington Department of Social Services; MARK STRONG, Chief Medical Director, Washington State Special Commitment Center; LESLIE SZIEBERT, Chief Medical Director, Washington State Special Commitment Center; CATHI HARRIS, Chief of Resident Life, Washington State Special Commitment Center; CRYSTAL McCABE, Safety Officer, Washington State Special Commitment Center; RICHARD STEINBACH, Grievance Investigator, Washington State Special Commitment Center; TODD DUBBLE, Assistant Director of Residential Medical, Washington Special Commitment Center, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2019.


NOT FOR PUBLICATION

MEMORANDUM*

Residents detained at the Washington State Special Commitment Center sued Washington State under 42 U.S.C. § 1983, alleging that state officials violated their rights under the Eighth and Fourteenth Amendments by exposing them to environmental tobacco smoke ("ETS"). The district court granted summary judgment to the state, concluding that the residents' evidence failed to show that the exposure...

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