A nonsmoking state prisoner filed a 42 U.S.C. sec 1983 action, alleging that prison officials had violated his rights by forcing him to be exposed to secondhand smoke. The district court dismissed his claims. Considering his pro se appeal, the U.S. Court of Appeals for the Ninth Circuit upheld the dismissal of several of his claims. However, the Court of Appeals ruled that “the district court improperly dismissed Kiper’s Eighth Amendment claim against defendant Weiss.” Kiper’s amended complain had alleged that he was subjected to secondhand smoke from a smoking cellmate for two months. Thus, the Court of Appeals vacated the dismissal of Kiper’s Eighth Amendment claim.
2009 U.S. App. LEXIS 19696 (U.S.C.A. 9th Cir. 2009).
