District Court, D. Maryland November 21, 2000, CIV. PJM 95-190, CIV. PJM 94-2871, CIV. PJM 98-4109 (McIntyre v. Robinson)

OPINION

MESSITTE, District Judge.

The Plaintiffs in these consolidated cases are current or former prisoners of the State of Maryland.

1

They allege that during the course of their confinement they have been involuntarily exposed to “environmental tobacco smoke” (ETS) to an extent violative of the Eighth Amendment to the United States Constitution, the Americans with Disabilities Act (ADA), 42 U.