A nonsmoking inmate in Missouri brought a civil rights action seeking monetary, declaratory and injunctive relief from health risks associated with inadequate ventilation, including exposure to environmental tobacco smoke (ETS), of the correctional facility.  The District Court adopted the magistrate judge’s recommendation to grant a summary judgment motion for the prison officials.  The Court of Appeals held that the district court’s erroneous statement that no objections were filed to the magistrate judge’s report was prima facie evidence that the district court did not perform the requisite de novo review of the magistrate’s report.

73 F. 3d 793, 1996 U.S. App. LEXIS 290 (8th Cir. 1996).