A nonsmoking prisoner brought an action under 42 U.S.C sec. 1983, alleging that prison officials violated his Eighth Amendment rights by subjecting him to secondhand smoke within the prison. The district court granted summary judgment in favor of the Defendants. The Ninth Circuit Court of Appeals affirmed, noting that the Defendants “presented evidence that Jirovec was assigned to a nonsmoking cell during the period relevant to his suit, that Jirovec’s complaints were promptly acted upon, and that the prison’s ventilation system minimizes the risk of exposure to secondhand smoke. Because prison officials could reasonable have believed that their conduct was within the parameters of the Eighth Amendment, the district court did not err by granting summary judgment for defendants.”
1998 U.S. App. LEXIS 756 (U.S.C.A 9th Cir. 1998), see 141 F.3d 1176, 1998 U.S. App. LEXIS 14225, cert. den. At 525 U.S. 1151, 119 S.Ct. 1052, 1999 U.S. LEXIS 1200, 143 L. Ed. 2d 58, 67 U.S.L.W. 3525.