Little v. Lycoming County, et al.

A nonsmoking prisoner brought a civil rights action against prison officials.  She also brought claims under the Eighth Amendment and the Americans with Disabilities Act (ADA).  The court granted the defendants’ motion for summary judgment, ruling that the “preconditions established by the Supreme Court for establishing an Eighth Amendment claim arising out of exposure to ETS have not been met here.”  Plaintiff had made a single report of an instance of congestion and coughing due to ETS exposure.  The court also ruled that the “ADA should not be held applicable to facilities provided for prisoners in state prisons in the absence of a clear expression of congressional intent that that be the case, and we are not convinced that such intent has been expressed.”

912 F. Supp. 809, 5 AD Cases 1359, U.S. Dist. LEXIS 1757 (U.S.D.C., Mid. Dist. Pa. 1996).