A pro se prisoner appealed a district court’s grant of summary judgment in favor of the defendants and dismissal of his civil rights action. The U.S. Court of Appeals for the Sixth Circuit upheld the district court, noting that the defendants had presented evidence that they were not deliberately indifferent to Green’s exposure to secondhand smoke. “Imperfect enforcement of the [no-smoking] policy by defendants does not equate to deliberate indifference on their part.” Furthermore, “the defendants are entitled to a judgment as a matter of law because Green offered no evidence that he has a serious medical need for a smoke-free environment.”
18 Fed. Appx. 298, 2001 U.S.App. LEXIS 19066 (U.S.C.A 6th Cir. 2001).
