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172747P.pdf   08/13/2018  Ecclesiastical Washington  v.  Larry Denney
   U.S. Court of Appeals Case No:  17-2747
   U.S. District Court for the Western District of Missouri - St. Joseph   
[PUBLISHED] [Smith, Author, with Wollman and Loken, Circuit Judges] Prisoner case - Prisoner civil rights. In action alleging defendants were deliberately indifferent to plaintiff's serious medical needs by failing to take reasonable steps to abate the risk secondhand smoke posed to him because of his asthma and other respiratory conditions, a jury found for plaintiff and awarded him compensatory and punitive damages; held, sufficient evidence exists to support the jury's verdict that defendants violated plaintiff's Eighth Amendment rights and its award of compensatory damages; however the award of punitive damages is not supported by sufficient evidence that the defendants were motivated by evil motives or intent or that they showed callous indifference to plaintiff's Eighth Amendment rights, and the punitive damage award is set aside.