An inmate brought a civil rights suit, alleging that he was unconstitutionally transferred from a nonsmoking room to a smoking room in retaliation for filing a grievance concerning prison conditions.  He remained in the smoking room for about one week.  A U.S. District Court judge, in Marshall v. Johnson, et al., 8.4 TPLR 2.365, No. 4:93-CV-78, (WD MI 1993) granted the defendants’ motion for summary judgment, saying that although an inmate’s involuntary exposure to ETS may violate the Eighth Amendment, these defendants were shielded by qualified immunity and that the April 1993 transfer occurred two months before the U.S. Supreme Court ruling in Helling v. McKinney.  The Fourth Circuit vacated in part and remanded the case for further proceedings.

9 F.3d 1543, 9.1 TPLR 2.27, 4th Cir., No. 91-7296 (1993).