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News Briefs

By ALM Staff | Law Journal Newsletters |
June 30, 2005

Prisoners Failed to Show Unreasonable Silica Exposure

Plaintiff inmate complaints that their Eighth Amendment (cruel and unusual punishment) rights were violated were dismissed because plaintiffs, who claimed injury from silica dust exposure, could present no authority to suggest that the violation of an OSHA regulation could serve as the sole basis for such a claim without evidence of their actual unreasonable exposure to the substance. Vann v. Donnelly, 2005 U.S. Dist. LEXIS 3888 (W.D.N.Y. 2/1/05).

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