HELLING – Appellant
Versus
McKINNEY, (1993) – Respondent
Respondent McKinney, a Nevada state prisoner, filed suit against petitioner prison officials, claiming that his involuntary exposure to environmental tobacco smoke (ETS) from his cellmates and other inmates cigarettes posed an unreasonable risk to his health, thus subjecting him to cruel and unusual punishment in violation of the Eighth Amendment. A federal magistrate granted petitioners motion for a directed verdict, but the Court of Appeals reversed in part, holding that McKinney should have been permitted to prove that his ETS exposure was sufficient to constitute an unreasonable danger to his future health. It reaffirmed its decision after this Court remanded for further consideration in light of Wilson v. Seiter,
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