A nonsmoking inmate brought an action alleging, inter alia, that he was subjected to cruel and unusual punishment in that he was subjected to secondhand tobacco smoke. The court ruled that “there is no allegation in the complaint, and nothing in the record, to indicate that plaintiff was being exposed to smoke in violation of any then existing statute or regulation, or that any of the other defendants acted unreasonably under the circumstances in exposing plaintiff to tobacco smoke,” and dismissed the complaint.
645 F. Supp. 1430 (S.D. N.Y. 1986).