A nonsmoking prisoner filed a 42 U.S.C. sec. 1983 action, alleging that his constitutional rights were violated when inmates were allowed to smoke in the day room, which was adjacent to his cell. The U.S. District Court allowed Defendant Shaw’s motion for summary judgment, ruling that Taylor “has failed to demonstrate that he suffered from a serious medical condition” after being “repeatedly seen by medical personnel, but no doctor ordered or even recommended that he be moved to a smoke free environment.” The Plaintiff’s claim that Defendant Stegal retaliated against him for having filed a lawsuit can proceed to trial.
2009 U.S. Dist. LEXIS 1650 (U.S.D.C. Central Dist. Ill.).