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GILL v. SMITH

No. 9:00-CV-1905(FJS/GJD).

283 F.Supp.2d 763 (2003)

Anthony GILL, Plaintiff, v. Gregory SMITH, Correctional Officer, Auburn Correctional Facility, Defendant.

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

July 11, 2003.

Attorney(s) appearing for the Case

Anthony G. Gill, Five Points Correctional Facility, Romulus, NY, Pro se.

Office of the New York, State Attorney General, Syracuse, NY, Maria Moran, AAG, of Counsel, Attorneys for Defendant.

MEMORANDUM-DECISION AND ORDER

SCULLIN, Chief Judge.

I. INTRODUCTION

Plaintiff filed the instant civil rights action pursuant to 42 U.S.C. § 1983 on December 11, 2000. He asserts that Defendant violated his Eighth Amendment right to be free from cruel and unusual punishment by exposing him to environmental tobacco smoke and by continuing the exposure with the knowledge that it adversely impacted his health. In addition, Plaintiff claims that...

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