Becker v. Montgomery, et al.

A pro se prisoner filed an action pursuant to 42 U.S.C. §. 1983, claiming that he was exposed to secondhand smoke while incarcerated in Ohio.  He sued the Attorney General, two former wardens and the current warden at the facility where he was incarcerated.  The district court dismissed the complaint because the plaintiff had failed to exhaust his administrative remedies.  The U.S. Court of Appeals for the Sixth Circuit affirmed, noting that “Becker’s complaint does not allege the dates on which he was exposed to ETS.  The complaint also fails to allege with any particularity the conduct of each individual defendant that would demonstrate that the defendant acted to intentionally expose Becker to ETS.”

43 Fed. Appx. 914, 2002 U.S.App. LEXIS 16651 (U.S.C.A 6th Cir. 2002).