Tellez v. Uchtman, et al.

A nonsmoking inmate who alleges that, while he was in a protective custody unit for eleven months, there were no designated no-smoking cells, brought a claim for future injury arising from that exposure to secondhand smoke.  A federal judge granted the motion for summary judgment of the defendants, who are various prison officials.  The court ruled that the plaintiff “has not produced the expert medical evidence as to his increased risk of developing a serious medical condition.”  Moreover, the court also ruled that “plaintiff has failed to produce any evidence that any defendant retaliated against him for complaining” about his exposure to secondhand smoke.

2010 U.S. Dist. LEXIS 18007 (U.S.D.C. S.D. Ill. 2010).