A prisoner brought an action challenging the failure of prison officials to segregate him from smoking inmates.  The District Court granted summary judgment for the defendants, holding that failure to segregate smoking prisoners from nonsmoking prisoners did not violate due process or the Eighth Amendment and, thus, the plaintiff was not entitled to injunctive relief.  The Court also ruled that Indiana’s Clean Indoor Air Act does not create a liberty interest for nonsmoking prisoners to be segregated from smoking prisoners.

710 F. Supp. 1256 (N.D. Ind. 1989).