A prisoner filed a civil rights lawsuit under 42 U.S.C. sec. 1983 against two tobacco companies.  The plaintiff seeks $30,000,000 for damages inflicted for injuries he says were caused by the use of the defendants’ tobacco products.  The court (Enslen, J.) dismissed the complaint, ruling that “the plaintiff has failed to allege that defendant acted under color of state law.”

1988 U.S. Dist. LEXIS 19407, (U.S.D.C. W.D. Mich. 1988).