Jackson v. Berge, et al.

A nonsmoking inmate brought a civil rights action seeking injunctive relief after he was placed in a cell with a smoking prisoner.  The prison officials filed a motion for summary judgment, arguing that Jackson did not establish that he had a serious medical condition or that his exposure to secondhand smoke caused or aggravated any illness.  They also argued that he failed to establish that the prison officials acted with deliberate indifference in refusing to house him with a nonsmoking cellmate.  The District court granted the motion for summary judgment.

864 F. Supp. 873 (E.D. Wis. 1994).