DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

042220P.pdf   07/15/2005  William A. Larson  v.  Gary Kempker
   U.S. Court of Appeals Case No:  04-2220
   Western District of Missouri   
   [PUBLISHED] [Smith, Author, with Melloy and Colloton, Circuit 
   Judges] 
   Civil Case civil rights. District court's grant of summary judgment 
   dismissing claims for damages against Missouri prison officials based on 
   alleged excessive exposure to cigarette smoke is affirmed; Eleventh 
   Amendment immunity does not bar injunctive relief, and district court 
   did not abuse its discretion in denying injunctive relief because prisoner 
   failed to meet objective test of unreasonably high levels of ETS. The 
   district court abused its discretion in excluding testimony of expert, but 
   error was harmless. 
  
042220P.pdf   05/02/2005  William A. Larson  v.  Gary Kempker
   U.S. Court of Appeals Case No:  04-2220
   Western District of Missouri   
   Prisoner case - civil rights. Prisoner failed to put forth objective 
   evidence that he was subjected to unreasonably high levels of 
   environmental tobacco smoke, and the district court did not err in 
   denying his motion for a preliminary injunction. 
   [PUBLISHED] [Smith, Author, with Melloy and Colloton, Circuit Judges]