An inmate brought a civil rights action alleging a variety of complaints, including being placed in a cell with a heavy smoker.  The district court dismissed the complaint.  The Court of Appeals ruled that the complaint about smoke did allege a cause of action for violation of the Eighth Amendment guarantee against cruel and unusual punishment; therefore it reversed the dismissal and remanded the case for further proceedings.

State Welfare Division, 662 F.2d 1337 (9th Cir. 1981).