Plaintiff brought a pro se action on behalf of 46 other inmates, alleging that the officials at the MDC in Brooklyn were deliberately indifferent to their health and medical needs because they were subjected to ETS in the recreation rooms while they were incarcerated.  The court dismissed the complaint because “the court has been presented with no evidence that plaintiffs exhausted their administrative remedies.”

1999 U.S. Dist. LEXIS 5646, (U.S.D.C. E.D.N.Y. 1999).