A nonsmoking, asthmatic prisoner who is allergic to wool filed an action against prison officials, alleging that “for five months in 1994, defendants assigned him to share cells with heavy smokers who use wool blankets.” Longo brought claims based on the First and Eighth Amendments, as well as under the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. On August 9, 1996, the court granted the defendants’ motion to dismiss those counts of Longo’s complaint that alleged violations of the ADA and the Rehabilitation Act, ruling that those acts do not apply to prison inmates. Longo’s constitutional claims remain intact.
Civil Action No. 94-3919 (AMW), 1996 U.S. Dist. LEXIS 11453 (U.S.D.C., N.J. 1996).