Hoover v. Ward, et al.

A former state prisoner, appearing pro se, filed a complaint alleging that his Eighth Amendment right to be free from cruel and unusual punishment was violated when he was exposed to environmental tobacco smoke (ETS) while imprisoned in facilities operated by the Oklahoma Department of Corrections.  A magistrate judge recommended that the court enter summary judgment for the defendants because Hoover had failed to provide sufficient evidence showing that he was exposed to unreasonably high levels of ETS and had failed to submit evidence that defendants Ward and Cotner acted with deliberate indifference concerning ETS.  After the district court entered summary judgment, Hoover appealed.  The Court of Appeals for the Tenth Circuit reviewed the matter de novo and agreed with the magistrate’s analysis.  The judgment of the district court was affirmed.

109 Fed. Appx. 213, 2004 U.S. App. LEXIS 16378 (U.S.C.A. 10th Cir. 2004).