Granito v. Lewis

98 F.3d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gary Anthony GRANITO, Plaintiff-Appellant, v. Samuel A. LEWIS, Director; W Cupps, CPO; Sherry Dahlke, Counselor; Stewart Miles, CPS; Terry L Stewart, Deputy, Director of Arizona Department of Corrections, Defendants-Appellees. No. 95-15581. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 19, 1996. Decided Oct. 4, 1996. 1 Before: KOZINSKI and LEAVY, Circuit Judges, and SCHWARZER, * District Judge. 2 MEMORANDUM ** 3 Appellant did not point to a genuine dispute of material fact about the reasonableness of the response to his complaints of exposure to Environmental Tobacco Smoke (ETS). Although prison officials may violate the Eighth Amendment if they knowingly expose inmates to unreasonably dangerous levels of ETS, see Helling v. McKinney, 509 U.S. 25, 35 (1993), they may not be held liable if they respond reasonably to the risk, even if harm is not ultimately averted. See Farmer v.…