An inmate brought a civil rights action requesting a smoke-free environment.  The District Court (No. 87-3219-S (D. Kan. 1988)) had ruled that requiring the prison officials to segregate inmates into smoking and no-smoking sections would impose an undue burden on the discretion of prison officials in making cell assignments.  The U. S. Court of Appeals for the 10th Circuit concluded that the relevant question was whether long-term exposure to environmental tobacco smoke poses an unreasonable risk to an inmate’s health.  Based on the evidence in the record, the Court of Appeals held that the plaintiff could not uphold the District Court’s finding that the inmate could prove no set of facts in support of his claim that would entitle him to relief.  See “These Inmates Really Want to Kick Butts,” Legal Times, June 24, 1991, 1, et seq.

918 F.2d 858, 5.4 TPLR 2.121 (10th Cir. 1990).