The district court accepted the Report and Recommendation of a magistrate judge, recommending the grant of summary judgment for prison officials in a case in which plaintiff inmates sued, alleging that they were harmed by exposure to secondhand smoke. After they filed their complaint, the defendant announced a new policy totally banning the use of tobacco products at the prison as of February 2003. The U.S. Court of Appeals for the First Circuit affirmed the granting of summary judgment for the defendants, ruling that “we have found nothing in the record that would suggest that Wall was deliberately indifferent to their medical or health needs.”
111 Fed. Appx. 28, 2004 U.S. App. LEXIS 21180. (U.S.C.A. 1st Cir. 2004).