A prisoner brought a section 1983 action against prison authorities for subjecting him to smoke at the prison.  The District Court held that the prisoner, who did not suffer from any preexisting medical condition that was aggravated by tobacco smoke, was not subjected to cruel and unusual punishment as a result of being exposed to other prisoners’ cigarette smoke in light of existing safeguards by prison officials to protect nonsmokers from environmental tobacco smoke.  After the prisoner appealed, the Fourth Circuit Court of Appeals, at 932 F.2d 964 (4th Cir. 1991), remanded the case back to the district court so that there would be an opportunity to determine whether the plaintiff had delivered his appeal in a timely manner.

747 F. Supp. 329 (E.D. Va. 1990).