A nonsmoking inmate alleged that his Eighth Amendment right to be free from cruel and unusual punishment was violated by the defendants because of his exposure to secondhand smoke while incarcerated. The defendants moved to dismiss, arguing that Thompson had not exhausted his administrative remedies before filing suit. The court found that Thompson had filed to exhaust one of his required grievances; therefore, the court dismissed plaintiff’s action without prejudice.
2006 U.S. Dist. LEXIS 6352 (U.S.D.C. N. D. Ohio).