A nonsmoking prisoner with a history of allergies, hay fever, headaches, heart palpitations and sinusitis filed a lawsuit, complaining about his exposure to secondhand smoke in prison.  The Defendants moved for summary judgment.  The court denied the motion for summary judgment, ruling that the plaintiff, who has alleged that despite ventilation systems, he was surrounded by smokers in a dormitory setting, “has raised an issue of fact regarding the level of exposure to ETS.”  The court also ruled that Scott’s Eighth Amendment rights were clearly established when his claim arose; thus, the defendants did not qualify for immunity from the lawsuit.

2006 U.S. Dist. LEXIS 47998 (U.S.D.C.  W.D.N.Y.).