Tate v. Marion Correctional Institution

.  A pro se plaintiff inmate sued the correctional facility for damages under Ohio Rev. Code Ann. Sec. 2743.10 for personal injury that was allegedly caused by a smoking environment in the institution.  A  judge rendered a judgment for the Defendant, ruling that it “did not owe plaintiff a duty to prevent his being exposed to secondhand smoke at all times.  Plaintiff has failed to prove defendant breached any duty owed to him and has failed to prove he suffered any injury from exposure to tobacco smoke.”

2004 Ohio 897, 2004 Ohio Misc. LEXIS 15.