A nonsmoking inmate brought a civil rights action against prison officials, alleging 1) deliberate indifference by Defendant Hulick as to Ashanti’s serious medical needs by exposing him constantly to secondhand smoke, 2) that Ashanti is subject to future harm because under the current smoking policy and 3) that the smoking policy is unreasonable.  After the lawsuit was filed, the smoking policy was changed; Ashanti then moved to dismiss his second and third counts. The District Court held that Ashanti’s first claim states a cause of action under the Eighth Amendment and, thus, it is not dismissed.

2008 U.S. Dist. LEXIS 58631 (U.S.D.C. S.D. Ill. 2008).