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Connecticut Prison Officials Can’t Escape Radon Exposure Suit

June 29, 2020, 11:23 PM

Connecticut corrections officials can’t assert qualified immunity in a proposed class action claiming that they, with deliberate indifference, exposed inmates to dangerously high levels of radon at the Garner Correctional Institution, the U.S. Court of Appeals for the Second Circuit said Monday.

The Department of Corrections officials aren’t entitled to qualified immunity for conduct occurring after the U.S. Supreme Court’s June 1993 decision in Helling v. McKinney, the court said in an opinion by Judge Jose A. Cabranes.

Helling established a prisoner’s Eighth Amendment right to be free from toxic environmental substances that pose an unreasonable risk of future ...