Franklin v. Henson, et al.

A former inmate brought a 42 U.S.C. §. 1983 civil rights case, alleging that the defendant sheriff, county and an individual violated the Eighth Amendment while he was in a county jail by forcing him to share a cell with inmates who smoked for seven days.  The district court found that the defendants had not been deliberately indifferent to any serious health risk the inmate may have incurred by being exposed to environmental tobacco smoke (ETS).  Noting that the jail has now adopted a no-smoking policy, the U.S. Court of Appeals affirmed the district court’s judgment.

41 Fed. Appx. 796, 2002 U.S.App. LEXIS 15790 (U.S.C.A 6th Cir. 2002).