Brown v. Diguglielmo, et al.

A nonsmoking prisoner brought a pro se action against prison officials, alleging that they have not enforced the policy prohibiting Corrections Officers and inmates from smoking in prison.  He alleged that the exposure to secondhand smoke resulted in sinus congestion, headaches, difficulty breathing and tightness of the lungs.  The District Court denied the plaintiff’s motion for an injunction, which was seeking an order restraining the defendants from permitting smoking in the building where Brown is confined.  The court ruled that Brown “has given no indication that he is able to prove the prima facie elements of his case” and that he has provided no evidence that the Defendants acted with deliberate indifference to his health.

2007 U.S. Dist. LEXIS 94035, 2007 WL 4570717, *1 (U.S.D.C. E.D. Penn.).