The district allowed a summary judgment motion by the Defendants, thus throwing out a nonsmoking prisoner’s 42 U.S.C. sec. 1983 action.  The prisoner contended that the district court erred by finding that prison officials had not unconstitutionally exposed him to environmental tobacco smoke.  The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s decision to grant summary judgment in favor of the Defendants.  The Court of Appeals did so because “Litmon failed to show that defendants were deliberately indifferent to Litmon’s requests to be celled with a non-smoker” and because “Litmon also failed to create a genuine issue of material fact that defendants were deliberately indifferent to Litmon’s safety in the enforcement of the prison’s no-smoking policy.”

116 F. 3d 702, 1997 U.S. App. LEXIS 14892 (U.S.C.A. 9th Cir 1997).