Williams v. Ziegler

A nonsmoking prisoner filed a pro se action, claiming that several prison officials were violating his constitutional rights by exposing him to secondhand tobacco smoke. A U.S. Magistrate Judge recommended that the complaint be dismissed, noting that “there is no allegation that Defendants were personally involved in exposing Plaintiff to tobacco smoke, deliberately disregarded Plaintiff’s exposure to tobacco smoke, or tacitly authorized the prison officials’ conduct of exposing Plaintiff to tobacco smoke..” Therefore, “Plaintiff has improperly raised his claim against Defendants under the doctrine of respondeat superior and has failed to establish supervisory liability.” 2013 U.S. Dist. LEXIS 163076 (U.S.D.C. S.D. W. Va. 2013).
Williams’ complaint was dismissed at 2013 U.S. Dist. LEXIS 162035.