Griffin filed a complaint that he has been subjected to cruel and unusual punishment because the restrooms in the prison in which he is incarcerated do not have ventilation and that he was exposed to secondhand smoke there for a period of twenty months. The District Court dismissed his in forma pauperis complaint for failure to state a claim pursuant to 28 U.S. C. sec. 1915(e)(2) and 1915A(b). The U.S. Court of Appeals for the Third Circuit affirmed the dismissal of the complaint, ruling that “Griffin does not allege that he was exposed to levels of ETS that pose an unreasonable risk of damage to his future health,” as he would need to do under the U.S. Supreme Court’s standard from Helling v. McKinney.
2005 U.S. App. LEXIS 23785 (U.S.C.A. 3RD Cir. 2005).
