A prisoner filed a pro se civil rights action, claiming that he was exposed to secondhand smoke while housed at the U.S. Penitentiary at Atwater.  The court granted the defendants’ motion to dismiss, ruling that the plaintiff’s claims fail for vagueness.  “There are no specific allegations as to how much ETS Plaintiff is exposed to” nor how long.   Also, “there are no facts alleged indicating that any of the named defendants knew of any particular harm to Plaintiff and acted with deliberate indifference to that harm.”

2006 U.S. Dist. LEXIS 66676 (U.S.D.C. E.D. Calif.).