Wilcox v. Lewis, et al.

A prisoner filed a 42 U.S.C. §. 1983 action against two wardens after he was exposed to environmental tobacco smoke (ETS).  The district court granted summary judgment for the defendants.  The U.S. Court of Appeals for the Sixth Circuit affirmed the order of the district court, ruling that “the prisoner did not show that the level of ETS in the prison created an unreasonable risk of serious damage to the prisoner’s health.”  Wilcox “presented no evidence that ETS had anything to do with” his colon cancer.

47 Fed. Appx. 714, 2002 U.S.App. LEXIS 19113 (U.S.C.A. 6th Cir. 2002).