A nonsmoking prisoner filed a lawsuit pro se, alleging that, despite a Department of Public Safety directive banning smoking in the prison where he was incarcerated, certain staff (case managers and corrections officers) smoked with impunity. Thus, Weeks was exposed to secondhand smoke. Weeks alleged that the prison staff was “careless” in allowing others to smoke there. The U.S. District Court ruled that Weeks’ allegation failed to state a claim; thus. The case was dismissed without prejudice. However, the court allowed Weeks to bring a separate action “properly alleging a constitutional violation, and naming the individuals actually responsible for Plaintiff’s alleged exposure” to secondhand smoke.
2010 U.S. Dist. LEXIS 54864 (U.S.D.C. D. Haw. 2010).