Locklear v. Hubbard, et al.

A state prisoner filed a pro se action seeking, inter alia, relief from his exposure to secondhand smoke while incarcerated at Lumberton Correctional Institution.  The district court dismissed Locklear’s complaint, concluding that, as to the objective component of his Eighth Amendment claim of cruel and unusual punishment, “Locklear has failed to show a sufficiently serious level of exposure to” secondhand smoke.

2012 U.S. Dist. LEXIS 3164 (U.S.D.C. E.D. N.C. 2012).