A nonsmoking prisoner filed a civil rights action, alleging that his Eighth Amendment rights were violated while he was imprisoned in Tennessee because the prison officials forced him to share a cell with an inmate who smoked.  Montague also sought an injunction barring the defendants from confining him with inmates who smoke.  The district court granted the defendants’ motion for summary judgment.  The Sixth Circuit Court of Appeals affirmed the district court’s judgment, concluding that the Plaintiff failed to show that the defendants were deliberately indifferent to the risk of ETS exposure.  The Court of Appeals found that “the evidence shows that they tried to honor inmate requests for housing with non-smokers.  Indeed, it appears that Montague was ultimately moved to a smoke-free cell.”

1998 U.S. App. LEXIS 9372, (U.S.C.A. 6th Cir. 1998).