A state prison inmate filed a civil rights action alleging a violation of his constitutional rights due to smoking in state prison.  The judge ruled that the Fourteenth Amendment did not give a state prison inmate a right to a smoke-free prison environment and that the failure to provide a smoke-free prison environment did not constitute “deliberate indifference” in violation of the Eighth Amendment.  The defendants’ motion to dismiss the complaint was granted.

798 F. Supp. 178 (N.D. Ind. 1991), affd., 966 F.2d 1456 (7th Cir. 1992).