Jones filed a complaint alleging that he was exposed to secondhand smoke while an inmate at the South Mississippi Correctional Institute. Proceeding pro se, Jones sought money damages. The defendants filed a motion for summary judgment. The U.S. District Court for the Southern District of Mississippi granted the motion, ruling that Jones could not seek injunctive relief to order the Defendants to implement a new smoking policy since he is no longer incarcerated there. The court also ruled that Jones failed to show a physical injury and denied his Eighth Amendment claims, since Jones “failed to show a deliberate indifference” by the prison officials.
(U.S.D.C. S.D. Miss. 2011).