A woman who worked for New York State at the Wassaic Developmental Center filed a complaint under 42 U.S.C. sec. 1983, alleging that the Defendants violated her federal constitutional rights by failing to designate her work station as a non-smoking area despite the Defendant’s knowledge of that cigarette smoke exacerbated her asthma-related condition.  Her husband also filed derivative claims for lack of consortium and money expended for medical treatment for his wife.  The district court dismissed the Section 1983 claim on the ground that the Defendants were entitled to qualified immunity.  The U.S. Court of Appeals for the Second Circuit affirmed at 1997 U.S. App. LEXIS 12286, 113 F.3d 1229, 1997 U.S. App. LEXIS 16424, noting that the Buckleys’ ADA claims were barred by the statute of limitations.

No. 94 Civ. 7341 (LAK)(S.D.N.Y. 1996).