Phillips v. Plunkett

A pro se plaintiff filed an action alleging that the defendant violated his Eighth and Fourteenth Amendment rights under the Constitution by subjecting him to secondhand smoke.  The defendant moved for summary judgment, arguing that the plaintiff failed to show deliberate indifference and that he has a serious medical need.  The U.S. District Court granted the motion for summary judgment because the plaintiff had never made any requests to the defendant that he be placed in the designated non-smoking cell at any time during his incarceration at the jail and that no doctor ever told Phillips that he will suffer any future damages caused by his inhalation of smoke during the times that he was incarcerated at the jail.

2006 U.S. Dist. LEXIS 13399 (U.S.D.C., E.D. Mo. 2006).