A nonsmoking prisoner filed a pro se civil rights action against various prison officials, alleging that he was subjected to secondhand smoke which triggered asthma attacks.  Defendants filed motions for summary judgment.  The Court denied the motions for summary judgment for Williams’ alleged failure to exhaust administrative remedies.  However, the Court did grant summary judgment for some of the Defendants on the grounds of qualified immunity, and as to the others, on the ground that they were not properly served.  Also, the Court concluded that “Defendant’s conduct did not violate Plaintiff’s rights under the Eighth Amendment” since the “medical record shows that Plaintiff’s request for medical treatment were responded to in a timely manner.”  Thus, the entire case was dismissed.

2010 U.S. Dist. LEXIS 23284 (U.S.D.C. D. Mich., N.Div. 2010).