An inmate sued, alleging that housing him with another inmate who smoked in a single-person cell subjected him to cruel and unusual punishment and subjected the defendants to liability under 42 U.S.C.S. §. 1983.  The U.S. District Court for the Western District of Wisconsin dismissed the lawsuit sua sponte for failure to state a claim.  The U.S. Court of Appeals for the Seventh Circuit vacated the district court’s judgment as to the Eighth Amendment claim, noting that Sanders “alleged that, because his request for a non-smoking roommate had been ignored, his health was being endangered from second-hand smoke.”

53 Fed. Appx. 781, 2002 U.S. App. LEXIS 26504 (U.S.C.A. 7th Cir. 2002).