A nonsmoking prisoner brought a pro se action alleging that his Eighth Amendment rights were violated due to his exposure to secondhand smoke in prison.  The court dismissed his action, ruling that Abuhouran failed to exhaust his administrative remedies before filing suit.    Even if he had exhausted his remedies, the court further ruled that “he has not set forth allegations which reasonably suggest that the defendants have acted with a sufficiently culpable mental state to justify a finding of liability under the Eighth Amendment.  Imperfect enforcement of a smoking policy cannot alone satisfy the subjective element of an Eighth Amendment claim.”

2006 U.S. Dist. LEXIS 55591 (U.S.D.C. No. Dist. Ohio).