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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

CAROLE ANNE MCINTYRE, et al., Plaintiffs,

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BISHOP L. ROBINSON, et al., Defendants. * * * * * *

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STEPHEN M. JOHNSON, et al., Plaintiffs, v. BISHOP L. ROBINSON, et al., Defendants. * * * * * *

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Civil No. PJM 94-2871

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DESMOND MALCOLM, Plaintiff, v. PARRIS GLENDENING, et al., Defendants.

Civil No. PJM 98-4109

OPINION

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.S.C.

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Maryland Law