The plaintiff filed a suit, claiming that the defendants’ failure to segregate smokers from nonsmokers in New York City’s correctional facilities caused him to be exposed to secondhand smoke during the period of his incarceration, thus violating his civil rights under the N.Y. Const. art. 1, § 6 and the Fifth and Fourteenth Amendments of the U.S. Constitution. The court granted the defendants’ motion for summary judgment, ruling that there was no evidence that the defendants had caused the plaintiff any damage.
2001 U.S. Dist. LEXIS 14732 (U.S.D.C. S.D.N.Y. 2001).