A pro se plaintiff filed a 42 U.S.C. sec. 1983 action seeking damages related to his exposure to secondhand smoke while confined at the District of Columbia Jail. The District Court granted summary judgment for the defendants, ruling that the plaintiff’s “evidence is deficient because it fails to establish that plaintiff personally was exposed to ETS, suffered health consequences as a result of the exposure, and that his exposure to unreasonably high levels of ETS occurred at the D.C. Jail.” The Court also found that the plaintiff failed to establish defendant’s deliberate indifference to his health, since the plaintiff was seen by medical staff at the D.C. Jail a total of 44 occasions and received treatment for his symptoms.
2006 U.S. Dist. LEXIS 16674 (U.S.D.C. D.C. 2006).