A pro se prisoner sued a resident unit manager at a prison where he was incarcerated for being placed in a cell with a smoker after Williams had signed a “non-smoking agreement” with the prison.  A district court judge dismissed the action because the Plaintiff “does not set forth a sufficiently serious medical condition necessitating that he not breathe second-hand smoke” and, thus, failed to state a claim under the Eighth Amendment to the United States Constitution.

2006 U.S. Dist. LEXIS 41264 (U.S.D.C. W.D. Mich. 2006).