Holland et al. v. Ferguson, et al.,

Nonsmoking inmates of the Indiana state prison system filed claims under 42 U.S.C. sec. 1983, alleging unreasonably high levels of second-hand smoke.  The district court granted summary judgment for the Defendants.  The Court of Appeals affirmed the district court’s decision, ruling that, while the plaintiffs did present evidence that levels of secondhand smoke may be unreasonably high in their cells, “the plaintiffs have failed to submit evidence that the smoke levels have caused or are likely to cause them serious injury.”  Thus, there was insufficient evidence presented that “the conditions were serious enough to rise to the level of an Eighth Amendment violation.”

1998 U.S. App. LEXIS 3934 (U.S.C.A 7th Cir. 1998).