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• Court: Delaware inmate may sue over secondhand smoke 

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Unlike individuals who voluntarily expose themselves to (secondhand smoke), a prisoner cannot simply walk out of his cell whenever he wishes. When a susceptible prisoner is confined to a cell, a small and confined space, with a 'constant' smoker for an extended period of time, such symptoms may transform what would otherwise be a passing annoyance into a serious ongoing medical need.
3rd U.S. Circuit Court of Appeals ruling in the Atkinson case.