A nonsmoking brought a civil rights action, alleging, inter alia, that his Eighth Amendment right to be free from cruel and unusual punishment was violated when he was housed in a cell with a series of smoking cellmates.  The Defendants moved for summary judgment.  The District Court granted that motion, ruling that the adoption of a new smoking policy at the prison “indicates that defendants were not ‘deliberately indifferent’ to the health risks associated with excessive exposure to second-hand smoke.”

881 F. Supp. 947 (D. N.J. 1995).