Brown v. Head

A nonsmoking prisoner in state prison in Georgia brought a 42 U.S.C. sec. 1983 suit, alleging that the defendant, who was Manager of Inmate Affairs and Appeals for the Georgia Department of Corrections, had violated Brown’s Eighth Amendment rights by refusing his request to be placed in a smoke-free space.  The district court granted summary judgment for the defendant.  The U.S. Court of Appeals for the Eleventh Circuit affirmed, ruling that “head’s staff investigated Brown’s grievance and responded accordingly.  The lack of enforcement of the existing smoking policy at best shows mere negligence and is insufficient to demonstrate deliberate indifference.

2006 U.S. App. LEXIS 18266 (U.S.C.A. 11th Cir.).