A Nebraska inmate appealed the dismissal with prejudice of his 42 U.S.C. sec. 1983 complaint, wherein he claimed violations of his Eighth Amendment rights due to his involuntary exposure to environmental tobacco smoke (ETS). The U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal — but modified it to be without prejudice — because Mitchell had not exhausted his administrative remedies before filing suit.
79 Fed. Appx. 238, 2003 U.S.App. LEXIS 21309 (U.S.C.A. 8th Cir. 2003).