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WARREN v. KEANE

No. 93 Civ. 6018 (JES).

937 F.Supp. 301 (1996)

Vince WARREN, Tyrone Benton, John Murray, Plaintiffs, v. John P. KEANE, Superintendent, Deputy Superintendent Charles Greiner, Deputy Superintendent Bryant Kehn, Fire and Safety Officer Noel Morris, Thomas A. Coughlin 3rd Commissioner of Corrections and Officer J. Burt. Defendants.

United States District Court, S.D. New York.

September 10, 1996.

Attorney(s) appearing for the Case

James C. Neville, New York City, for Plaintiffs.

Dennis C. Vacco, Attorney General of the State of New York, New York City (Michael S. Popkin, Assistant Attorney General, of counsel), for Defendants.

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Pursuant to 42 U.S.C. § 1983, plaintiffs Vince Warren, Tyrone Benton, and John Murray (together "plaintiffs") allege that defendants John P. Keane, Charles Greiner, Brent Kehn, Noel Morris, Thomas A. Coughlin III, and J. Burt (together "defendants") violated their Eighth Amendment rights by subjecting them to unreasonably dangerous levels of environmental tobacco smoke ("ETS" or "second hand smoke...

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