A nonsmoking inmate brought an Eighth Amendment claim, alleging that, due to childhood illnesses, he required a smoke-free environment and that the prison officials did not so provide him. A U.S. District Court judge found that the Plaintiff failed to show injury resulting from his exposure to ETS or any specific medical condition and also failed to demonstrate that his childhood medical problems had continued into adulthood or that they had been aggravated by ETS. The Plaintiff had not made medical complaints to the prison officials, nor did he demonstrate that the officials were deliberately indifferent to his request for less exposure to ETS, the judge said.
964 F. Supp. 210, 1997 U.S. Dist. LEXIS 6513, No. 95-1170-R, (W.D. Va. 1997).