A prisoner filed a civil rights action under 42 U.S.C.S. sec. 1983, arguing that he was being exposed to intolerable levels of environmental tobacco smoke (ETS in violation of the Eighth Amendment’s prohibition of cruel and unusual punishment. The U.S. District Court dismissed his claims. The U.S. Court of Appeals for the Sixth Circuit affirmed the judgments for the defendants, ruling that Bowen: did not have any current health problems that required that he be housed in a smoke-free environment, he alleged no facts establishing that he was being subjected to an unreasonable risk of serious damage to his future health. “Bowen concedes that defendants have a no-smoking policy, which, although it may be imperfectly enforced, negates any claim that they are deliberately indifferent, as do their documented responses to Bowen’s grievances on this issue.”
62 Fed. Appx. 117, 2003 U.S. App. LEXIS 8577 (U.S.C.A. 6th Cir. 2003).