A pro se prisoner filed a 42 U.S.C. sec. 1983 action alleging that he is an asthmatic and that, due to exposure to secondhand tobacco smoke in his housing unit, he suffered several asthma attacks over a two-week period. He filed grievances, but prison officials failed to assign him to a nonsmoking unit. The U.S. District Court for the Southern District of Illinois, citing Helling v. McKinney, refused to dismiss the claims against defendants McAdory and Spiller.
2005 U.S. Dist. LEXIS 14478 (U.S.D.C. So. Dist. Ill. 2005).