A Magistrate Judge recommended that the Defendants’ motion for summary judgment be granted.  Plaintiff prisoners stated that they are nonsmokers suffering from serious medical conditions associated with breathing secondhand smoke and that the Defendants violated the Eighth Amendment by failing to protect them from that smoke.  Plaintiffs also allege a state law claim, based on the Michigan Clean Indoor Air Act, which requires certain measures to minimize the effect of indoor smoke.  The district court, agreeing with the Magistrate’s report which concluded that Plaintiffs “have failed to provide evidence from which a reasonable fact finder could find a present-injury or future-injury claim…on Plaintiffs’ Eighth Amendment [c]laim,” is granted with respect to federal claims. Plaintiffs can refile their state law claims in state court.

2008 U.S. Dist. LEXIS 1443 (U.S.D.C. E.D. Mich.).