Plaintiff brought a pro se action alleging that the defendant prison officials deprived him of his constitutional rights under the First, Fifth, Eighth and Fourteenth Amendments to the U.S. Constitution by implementing a no-smoking policy in such a manner (allowing smoking in the prisoners’ dormitories and sleeping areas only for a six-month period) that it would increase the levels of ETS that he would be exposed to.  Ahlers has been medically treated for allergies including an allergy to tobacco smoke.  On February 16, 2001, the federal court (Nickerson, J.) dismissed his claims against state officials for violations of state law because of lack of subject matter jurisdiction.  Insofar as Ahlers’ constitutional claims seek prospective injunctive relief, the motion to dismiss is denied.

Less than a month later, the court determined, at 2001 U.S. Dist. LEXIS 4654, that Ahlers was now being housed in a smoke-free area and, therefore, his remaining claims are moot.

2001 U.S.Dist. LEXIS 4639 (U.S.D.C., E.D.N.Y.).