A federal prisoner filed a lawsuit pro se against prison officials, alleging that during his incarceration in prison he has been “exposed to excessive quantities of Environmental Tobacco Smoke (“ETS”), also known as Second-hand Smoke, that pose an unreasonable risk of serious damage to [his] health.” The U.S. District Court for the Northern District of Ohio dismissed the complaint and denied a motion for reconsideration. On appeal, the U.S. Court of Appeals for the Sixth Circuit affirmed the district court’s judgment. The Court of Appeals ruled that “Nwaebo’s complaint failed to state a claim for relief because he did not allege that the defendants were personally involved in or responsible for the alleged deprivation of his federal rights.” The Court of Appeals also ruled that Nwaebo “has no protected liberty interest in a smoke-free prison.” He “alleged neither that he has a serious medical condition that requires his placement in a smoke-fee environment nor that the defendants were deliberately indifferent to his future health.”
100 Fed. Appx. 367, 2004 U.S. App. LEXIS 8583 (U.S.C.A. 6th Cir. 2004).
