Knapp v. State of Indiana, et al.

A nonsmoking inmate filed an action seeking equitable relief and damages because he was housed, on several different occasions, with heavy smokers.  Claiming a violation of his Eighth Amendment right to be free from cruel and unusual punishment, Knapp was examined by a doctor who “agreed it was necessary for me to get into a smoke-free environment, but told me, there was nothing he could do since he had no authority to effect a reassignment.”  Knapp seeks $10,000 and an order “restraining Defendants from assigning Plaintiff to any area or facility within DOC [Department of Corrections] where Plaintiff would be subject to secondhand tobacco smoke which could harm him. .. ”

73 N.E. 2d 530, 1996 Ind. App. LEXIS 1524, No. IP96-0457 C-BS (S.D. Ind. 1996).