Trahey v. New Jersey Department of Corrections, et al.

A nonsmoking prisoner brought a pro se complaint alleging that certain prison officials were smoking, thus inflicting secondhand smoke on him.  The district court dismissed the complaint without prejudice, noting that the plaintiff’s complaint against Officer Brown alleging unlawful exposure to secondhand smoke is dismissed, but can be corrected by the plaintiff.

2007 U.S. Dist. LEXIS 33051.