A prisoner at the Hutchinson Correctional Facility in Kansas filed a pro se action, alleging that his constitutional rights were being violated by his exposure to environmental tobacco smoke.  The Court of Appeals noted that in light of the fact that “the Hutchinson facility had recently adopted a smoking ban and the vague and conclusory nature of Miller’s allegations, the district court concluded that no reasonable fact finder could conclude that Hannigan was deliberately indifferent to Miller’s right to be free from exposure to ETS.”  On review, the Court of Appeals concluded that “the district court committed no reversible error” and, thus, affirmed the grant of summary judgment for the Defendant.

No. 97-3327, 1998 U.S. App. LEXIS 8223, (U.S.C.A 10th Cir. 1998).