The plaintiff, a nonsmoking inmate, filed a pro se lawsuit claiming that the failure of the prison officials to return him to the Tobacco-Free Unit after being sent to general population caused hi to be exposed to secondhand tobacco smoke, thus violating his Eighth Amendment right to be protected from cruel and unusual punishment. The Court dismissed the complaint, ruling that Strodder ‘s complaint failed to state a claim under the Eighth Amendment since he did not provide evidence of deliberate indifference by the defendants or that the amount of secondhand smoke he was exposed to over two and one-half months had crossed the boundary established by contemporary standards of decency.
2007 U.S. Dist. LEXIS 52236 (U.S.D.C. E.D. Mich., 2007).