A prisoner sued, arguing that his exposure to secondhand smoke constituted a violation of his Eighth Amendment rights. The district court dismissed his complaint. The U.S. District Court of Appeals for the Sixth Circuit affirmed the dismissal. White attached to his complaint a document showing that “smoking was prohibited inside prison buildings, including housing units.” The court ruled that White did not establish an Eighth Amendment violation and that “prison officials have not been deliberately indifferent to the risk of ETS and have taken reasonable measures to abate it.”
26 Fed. Appx. 384, 2001 U.S.App. LEXIS 18118 (U.S.C.A. 6th Cir. 2001).