A nonsmoking prisoner filed a 42 U.S.C. 1983 action, seeking to be placed in a nonsmoking dorm.  Moore alleges that “inmates that utilize tobacco products smoked unrestrictly [sic] in bed areas, latrines, T.V. areas and phone areas” and that prison officials do not enforce no-smoking rules.  He also alleges that he has trouble breathing, has had to take medication for a nasal infection caused by exposure to secondhand smoke and that his future health is in danger.

No. CV-S-94-0190 DFL JFM, U.S. Dist. Ct. (E.D. Ca. 1994).