Plaintiff filed a 42 U.S.C. sec. 1983 action, seeking damages arising out of his exposure to secondhand smoke while incarcerated. Defendant prison officials moved for summary judgment. Williams alleges that he filed a number of grievances over the smoking issue but the Defendants contend that they have no record of them. The district court ruled that Williams has no standing to bring this lawsuit. The court ruled that Williams “asserts no actual or imminent injury, no injury that is certainly pending, no injury that can be redressed by a damages award – he only asserts a remote and speculative injury.” Therefore, the court dismissed the case for lack of jurisdiction.
2008 U.S. Dist. LEXIS 76 (U.S.D.C., D.C.).