Goode v. Nash

The district court granted summary judgment for the defendant, a prison warden, in a lawsuit brought by a nonsmoking inmate who claimed that his constitutional rights were violated due to his exposure to secondhand smoke at the Federal Correctional Institute in Schuykill, Pennsylvania.  The U.S. Court of Appeals for the Third Circuit dismissed Goode’s appeal, ruling that he “did not meet his burden of pointing to some evidence in the record that creates a genuine issue of material fact regarding his allegations that defendant violated his Eighth Amendment rights by exposing him to second-hand smoke.”

2007 U.S. App. LEXIS 17284.  (U.S.C.A. 3rd Cir. 2007)