An inmate filed suit in the U.S. District Court for the District of Colorado seeking damages against the state for forcing him to live in a cell with smokers at Denver’s Limon Correctional Facility.  Despite his request to be double-bunked with a nonsmoking cellmate, he was forced to live with a smoking cellmate on seven different occasions where he was “forcibly, and knowingly placed in a life threatening living environment when he was forced to breathe second-hand cigarette smoke, a known carcinogen.”

No, 93-B-1876, (D. Colo. 1993).