An inmate alleged that staff and other inmates routinely violated the prison’s smoking policy and that he was suffering health consequences as a result of the high level of secondhand smoke. Manning brought a claim under the Federal Tort Claims Act and alleged that his Eighth Amendment rights to be free from cruel and unusual punishment were being violated. The U.S. District Court for the District of Maryland granted summary judgment to the Defendants. The U.S. Court of Appeals for the Fourth Circuit reversed and remanded, finding that “the district court inappropriately credited the Defendants’ evidence and discredited Manning’s evidence.” Manning raised material facts as to whether he was being exposed to “unreasonably high levels of ETS” under Helling v. McKinney, whether he suffered from a serious injury or medical need under Estelle v. Gamble and whether the Defendants exercised ordinary diligence in enforcing the smoking policy.
2005 U.S. App. LEXIS 14699 (U.S.C.A. 4th Cir. 2005).