This Note will analyze how the Avery Court reached its conclusion. In addition, this Note will examine Avery's reliance on the Rhodes v. Chapman standard. The main thrust of this Note will be to demonstrate the widespread recognition of the harmful effects of ETS and how the Avery Court used that recognition to acknowledge plaintiff's cause of action.
Robin Terry, Constitutional Law - Prisoners' Rights - Recognition That Involuntary Exposure to Environmental Tobacco Smoke May Constitute Cruel and Unusual Punishment - Avery v. Powell, 11 Campbell L. Rev. 363 (1989).