Sanders v. Kingston.U.S. Appeals Court DOUBLE BUNKING SMOKE Sanders v. Kingston, 53 Fed.Appx. 781 (7th Cir. 2002). [unpublished] A state prison inmate brought a [section] 1983 action alleging that he suffered cruel and unusual punishment Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community. due to overcrowding overcrowding overcrowding of animal accommodation. Many countries now publish codes of practice which define what the appropriate volumetric allowances should be for each species of animal when they are housed indoors. Breaches of these codes is overcrowding. and exposure to second-hand smoke. The district court dismissed the case for failure to state a claim Within a judicial forum, the failure to present sufficient facts which, if taken as true, would indicate that any violation of law occurred or that the claimant is entitled to a legal remedy. Failure to state a claim is frequently raised as a defense in civil litigation. , and the inmate appealed. The appeals court affirmed in part, and vacated and remanded in part. The appeals court held that the inmate's allegations that doubling him in a single cell without giving him a bunk for his mattress, a privacy curtain for bathroom use and a television stand, fell far short of the "extreme deprivation" required to state an Eighth Amendment conditions of confinement claim. The court held that the prisoner stated a [section] 1983 claim with his allegation that he was exposed to environmental tobacco smoke environmental tobacco smoke (ETS/passive smoke), n the gaseous by-product of burning tobacco products, including but not limited to commercially manufactured cigarettes and cigars; contains toxic elements harmful to the health of adults and children (ETS) for approximately six weeks and that prison officials exhibited deliberate indifference toward the risk that this exposure constituted a threat to his future health. (Columbia Correctional Institution Columbia Correctional Institution, or CCI, is a males-only maximum-security correctional facility located in Portage, Wisconsin (USA). Quick Facts
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