A prisoner filed a pro se complaint, alleging violations of the Eighth and Fourteenth Amendments because he was subjected to environmental tobacco smoke (ETS) in prison. Despite his production of a doctor’s note recommending the use of a prescription inhaler, the district court (Sleet, J.) granted the defendant’s motion for summary judgment. The court noted that Perez was moved several times and was transferred to a cell with a non-smoker after filing his complaint. The court ruled that Perez had not provided evidence to demonstrate that his exposure to ETS was unreasonable or that the prison officials were indifferent to his complaints. See “Inmate Fails To Prove Second-hand Smoke Suit,” National Law Journal, September 24, 2001, page B6.
2001 U.S. Dist. LEXIS 13095 (U.S.D.C. Del. 2001).