White v. Caruso, et al.

A nonsmoking inmate filed a lawsuit, alleging that his exposure to secondhand smoke was the result of prison officials’ failure to enforce smoking regulations, and thus violated his Eighth Amendment right to be free from cruel and unusual punishment.  The trial court dismissed the lawsuit as frivolous.    The 6th Circuit Court of Appeals affirmed the dismissal of the inmate’s action as frivolous, noting that he “could not satisfy the subjective component of an Eighth Amendment claim where the prison officials housed the inmate in a smoke-free facility and instituted a no-smoking policy that they were attempting to enforce with appropriate disciplinary sanctions.”

39 Fed. Appx. 75, 2002 U.S. App. LEXIS 7142 9U.S.C.A. 6th Cir. 2002).