An inmate brought a civil rights action alleging, inter alia, that he was involuntarily exposed to ETS in violation of the Eighth Amendment’s ban on cruel and unusual punishment. The District Court held that deficiencies in operation of a nonsmoking dormitory fell short of establishing deliberate indifference to any serious risk posed to the inmate by his exposure to ETS. Boblett’s own pleadings and attachments thereto revealed that prison officials did establish a nonsmoking dormitory, officials disciplined inmates who violated rules of the dormitory by possessing tobacco and that inmates who received such infractions received assignments to other dormitories.
942 F. Supp. 251, 1996 U.S. Dist. LEXIS 15884 (W.D. Va. 1996).