Gill v. Bracey, et al.

).  An inmate sued pro se, alleging that the defendants violated his First, Eighth and Fourteenth Amendment rights by exposing him to ETS and by retaliating against him when he complained about it.   He claimed that his exposure to ETS caused him to suffer asthma and other respiratory and physical problems and that the defendants acted with deliberate indifference to expose him to an unreasonable risk of serious damage to his future health.  The court granted the defendants’ motion for summary judgment, ruling that the inmate’s evidence failed to sustain either the objective or the subjective elements of a deliberate indifference claim.  The court also found that the transfer of the plaintiff to another facility was done for a proper reason, viz., his “unsuitable behavior.”

2001 U.S. Dist. LEXIS 9875, 2001 WL 34045758 (U.S.D.C. S.D.N.Y. 2001).