A pro se plaintiff filed a lawsuit because he was exposed to environmental tobacco smoke (ETS) between December 1995 and December 1999.   The defendants filed a motion for summary judgment.  The court granted the defendants’ motion, noting that the department adopted a phased-in no-smoking policy.  The court ruled that Benjamin “does not present sufficient evidence to show either: (1) that the level of ETS to which he was exposed was unreasonably high; (2) that there is a strong likelihood that his respiratory condition is a result of exposure to unreasonably high levels of ETS; or (3) that he is at risk of future harm that will be caused by exposure to ETS.”

2007 U.S. Dist. LEXIS 58788 (U.S.D.C. S D. N.Y. 2007).