From Casetext: Smarter Legal Research

Taylor v. Conway

United States Court of Appeals, Second Circuit
Jun 18, 2010
381 F. App'x 40 (2d Cir. 2010)

Summary

affirming district court's finding that exposure to second-hand smoke was not "unreasonably high" where one supervisor at plaintiff's work assignment was a smoker

Summary of this case from Baker v. Moore

Opinion

No. 08-5602-pr.

June 18, 2010.

UPON DUE CONSIDERATION, it is hereby ORDERED, ADJUDGED AND DECREED that the judgment of the district court is AFFIRMED.

David Paul Taylor, Suffield, CT, pro se.

Robert B. Fiske, Attorney General's Office, State of Connecticut, Hartford, CT, for Defendants-Appellees.

PRESENT: RALPH K. WINTER, PETER W. HALL, Circuit Judges, and MIRIAM GOLDMAN CEDARBAUM, District Judge.

The Honorable Miriam Goldman Cedarbaum of the United States District Court for the Southern District of New York, sitting by designation.


SUMMARY ORDER

Plaintiff-Appellant David Paul Taylor, pro se and incarcerated, appeals from the judgment of the United States District Court for the District of Connecticut (Underhill,/.), granting summary judgment to Appellees on Appellant's 42 U.S.C. § 1983 claims. We assume the parties' familiarity with the facts and procedural history.

We review orders granting summary judgment de novo and focus on whether the district court properly concluded that there was no genuine issue as to any material fact and the moving party was entitled to judgment as a matter of law. Miller v. Wolpoff Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir. 2003). Having conducted an independent and de novo review, we find, for substantially the same reasons as the district court, that Appellant failed to demonstrate his exposure to environmental tobacco smoke ("ETS") was "unreasonably high" such that it constituted a violation of the Eighth Amendment. See Helling v. McKinney, 509 U.S. 25, 35, 113 S.Ct. 2475, 125 L.Ed.2d 22 (1993); see also Davis v. New York, 316 F.3d 93, 100 (2d Cir. 2002) (reversing grant of summary judgment where plaintiff was able to show he was exposed to high levels of ETS by being bunked in his cell with a smoker and surrounded by seven inmates who were chain smokers or frequent smokers); Warren v. Keane, 196 F.3d 330, 331, 333 (2d Cir. 1999) (denying qualified immunity where the plaintiffs alleged that inmates had smoked "freely in their cells," and there had been "under-enforcement of inadequate smoking rules, overcrowding of inmates[,] and poor ventilation").

We further conclude, for substantially the same reasons as the district court, that Appellant was unable to sustain a retaliation claim under § 1983. See Purcell v. Cougklin, 790 F.2d 263, 265 (2d Cir. 1986) (holding verbal harassment is not actionable under § 1983); Loivrance v. Achtyl, 20 F.3d 529, 535 (2d Cir. 1994) (explaining that "the defendants had met their burden because it was undisputed that [the prisoner] had in fact committed the prohibited conduct" that led to the issuance of a misbehavior report against him); Cutter v. Wilkinson, 544 U.S. 709, 725 n. 13, 125 S.Ct. 2113, 161 L.Ed.2d 1020 (2005) (stating that "prison security is a compelling state interest, and that deference is due to institutional officials' expertise in this area").

For the reasons stated above, the judgment of the district court is AFFIRMED.


Summaries of

Taylor v. Conway

United States Court of Appeals, Second Circuit
Jun 18, 2010
381 F. App'x 40 (2d Cir. 2010)

affirming district court's finding that exposure to second-hand smoke was not "unreasonably high" where one supervisor at plaintiff's work assignment was a smoker

Summary of this case from Baker v. Moore
Case details for

Taylor v. Conway

Case Details

Full title:Davi Paul TAYLOR, Plaintiff-Appellant, v. Matt CONWAY, et al.…

Court:United States Court of Appeals, Second Circuit

Date published: Jun 18, 2010

Citations

381 F. App'x 40 (2d Cir. 2010)

Citing Cases

Castro v. Adm. Remedies Coordinator

(Citations omitted; internal quotation marks omitted.) Taylor v. Conway, United States District Court, Docket…

Baker v. Moore

On the other hand, the Second Circuit has noted that "it is true that some exposures to [second-hand smoke]…