A prisoner filed a civil rights action, alleging that his exposure to environmental tobacco smoke violated his Eighth Amendment right to be free from cruel and unusual punishment.  The district court dismissed Wilson’s complaint as being frivolous.  The U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal, saying that the inmate’s prior lawsuit alleging essentially the same set of facts had already been dismissed.

878 F.2d 846 (5th Cir. 1989), cert den. 493 U.S. 969 (1989).