The district court dismissed a California state prisoner’s 42 U.S.C. sec. 1983 lawsuit. James’ complaint alleged that there were violations of the prison’s smoking policy. When prison officials investigated, James refused to identify who was violating the policy. The U.S. Court of Appeals for the Ninth Circuit affirmed, ruling that the “district court properly granted summary judgment because James failed to establish a genuine issue of material fact as to whether any prison official knew of and disregarded an excessive risk to James’ health or safety from environmental tobacco smoke.”
127 Fed. Appx. 358, 2005 U.S. App. LEXIS 6234 (U.S.C.A. 9th Cir.).