Reported in Table Case Format at 2000 U.S. App. LEXIS 10751.  A nonsmoking prisoner filed a lawsuit alleging that the defendants violated his rights under the Eighth Amendment by not enforcing state law and policies which prohibit smoking in certain areas of the prison where he is incarcerated.  The district court dismissed the cases on its own initiative; Bailey appealed.  The U.S. Court of Appeals for the Sixth Circuit affirmed the district court’s judgment, concluding that dismissal of the lawsuit “was still proper because the complaint does not clearly indicate that the defendants were deliberately indifferent to his alleged need for a smoke-free environment.”  The Court of Appeals also noted that “Bailey has been housed in a non-smoking cell and that a non-smoking policy has been instituted for certain common areas of the prison.”

2000 U.S. App. LEXIS 4953 (U.S.C.A. 6th Cir. 2000).