Smith v. Brown

The court reversed a lower court dismissal of a section 1983 complaint against smoke in prison and remanded the case back to the district court for the Western District of Michigan.  The U.S. Court of Appeals for the Sixth Circuit ruled that the allegation that the prison authorities did not provide the plaintiffs with nonsmoking areas and, thus, deliberately exposed them to the health risks associated with exposure to secondhand tobacco smoke, were sufficient to withstand a motion to dismiss.  This is so because it cannot be said that the plaintiffs undoubtedly can prove no set of facts in support of their claim which would entitle them to relief.

940 F.2d 662, 6.3 TPLR 2.501 (6th Cir. 1991).