Smith v. Morgan, et al.

A state prisoner sued prison officials, claiming that he was subjected to secondhand smoke in violation of his Eighth and Fourteenth Amendment rights.  He had asserted claims for secondhand smoke exposure against several of the prison officials in a previous action, which had been dismissed.  Rather than appeal that decision, the prisoner filed this new action.  The district court dismissed this lawsuit because the doctrine of res judicata barred consideration of the complaint.  The U.S. Court of Appeals for the Sixth Circuit affirmed the district court’s judgment.

75 Fed. Appx. 505, 2003 U.S. App. LEXIS 19604 (U.S.C.A. 6th Cir. 2003).