A prisoner sued, alleging violations of an executive order that prohibits smoking in state facilities and that his exposure to ETS constituted cruel and unusual punishment. The court granted the defendants’ motion to dismiss, ruling that prison facilities are exempt from the executive order according to its plain language and that Jones failed to satisfy the objective factor of the requirements of Helling v. McKinney since “he is unable to show that he is being exposed to unreasonably high levels of ETS.”
2001 U.S. Dist. LEXIS 18631 (U.S.D.C. D. Del. 2001).