A nonsmoking prisoner filed a pro se complaint that South Carolina fails to provide a smoke-free environment for prisoners and that the failure to do so violates his Eighth Amendment protection against cruel and unusual punishment. The U.S. District Court for the District of South Carolina adopted a magistrate judge’s recommendations and dismissed the complaint. Shortly thereafter, the U.S. Supreme Court issued its decision in Helling v. McKinney, supra. The Fourth Circuit U.S. Court of Appeals, in an unpublished per curiam opinion, vacated the District Court order and remanded the case for further proceedings, saying that Gaster’s complaint states a cognizable Eighth Amendment claim.
4 F.3d 985, 8.4 TPLR 2.363, 1993 U.S. App. LEXIS 22433, No. 93-6605, (4th Cir. 1993).