McCallon v. Lasalle Management Co.

A nonsmoking prisoner filed a pro se action, alleging, inter alia, that his Eighth Amendment rights are being violated by being exposed to secondhand smoke in prison.  A Magistrate Judge for the U.S. District Court for the Western District of Louisiana, Monroe Division, ruled that McCallon “has not shown that the exposure complained of amounts to ‘unreasonably high levels of ETS [environmental tobacco smoke]’; nor has he alleged deliberate indifference on the part of the defendants.  In other words, plaintiff’s complaint fails to allege a claim for which relief may be granted.”  Thus, the Magistrate Judge recommended that McCallon’s complaint be dismissed with prejudice.  2013 U.S. Dist. LEXIS 125765 (U.S.D.C. W.D. La., Monroe Div. 2013).