Plaintiff inmate filed a 42 U.S.C.S. §. 1983 action, contending that his dormitory exposed him to unreasonably high levels of environmental tobacco smoke (ETS). The District Court granted the Defendant’s motion to dismiss, ruling that “the inmate has failed to demonstrate that he was being exposed to unreasonably high levels of ETS” and also “failed to demonstrate that defendants exhibited deliberate indifference to his needs.” Plaintiff had sought injunctive and monetary relief. However, since “Baker has been released… injunctive relief is neither viable nor necessary.”
2002 U.S. Dist. LEXIS 17015 (U.S.D.C. D. Del. 2002).