A former prisoner brought a seven-count civil rights action, claiming that he suffered retaliation based on his complaints about being exposed to secondhand smoke from the smoking by corrections officers. The U.S. District Court for the Southern District of New York dismissed all of his claims. The U.S. Court of appeals for the Second Circuit vacated the judgment and remanded the case to the district court, ruling that “[G]iven our obligation to construe pro se pleadings liberally, we conclude that Allah’s complaint sufficiently alleges deliberate medical indifference on the part of the John/Jane Doe defendants to withstand dismissal.”
86 Fed. Appx. 455, 2004 U.S.App. LEXIS 1036, 19.3 TPLR 2.219 (U.S.C.A. 2nd Cir. 2004).
