A nonsmoking prisoner filed a pro se action, alleging that his constitutional rights were violated when the defendant prison officials disregarded his medical condition (asthma) by assigning smoking inmates to his cell while he was incarcerated at the U.S. Penitentiary in Leavenworth, Kansas. Harnage alleges that his exposure to secondhand smoke aggravated his current health problems and is likely to cause serious illness or death in the future. The U.S. District Court for the District of Kansas dismissed the complaint on the grounds that Harnage had not exhausted his administrative remedies before filing the lawsuit.
2006 U.S. Dist. LEXIS 4377 (U.S.D.C. D. Kan.).