A prisoner brought a 42 U.S.C. sec. 1983 action against the superintendent of prisons because he was double-bunked with a smoking prisoner. The Defendant moved for summary judgment. The U.S. District Court for the Western District of New York granted the motion since the Plaintiff did not respond with affidavits or otherwise in opposition to the motion. Also, the Plaintiff provided no medical records or other evidence that his exposure to smoke posed an unreasonable risk to his current or future health.
95-CV-1071E(F), 1997 U.S. Dist. LEXIS 14416 (W.D.N.Y. 1997).