A nonsmoking prisoner filed a civil rights action alleging that prison officials exposed him to environmental tobacco smoke in violation of his Eighth Amendment rights.  The district court dismissed his lawsuit as being frivolous.  On appeal, the U.S. Court of Appeals for the Sixth Circuit on August 12, 1999 affirmed the dismissal “not because the complaint was frivolous, but because it failed to state a claim.”  No Eighth Amendment violation occurred since Grover conceded that “a no-smoking policy exists in the prison and prison officials will discipline an entire unit when smoke is discovered.  Thus, prison officials have not been deliberately indifferent to the risk of ETS, but have taken reasonable measures to abate it.”

(U.S.C.A. 6th Cir. 1999), 1999 U.S. App. LEXIS 19427.