A nonsmoking prisoner filed a pro se lawsuit, claiming that he was subjected to exposure to secondhand smoke from his cellmate because the Defendants failed to enforce the institution’s no-smoking policy.  The Defendants moved for summary judgment.  The Court granted that motion, ruling that Wise failed to produce evidence to support his claim that his cellmate was smoking up to five packs of cigarettes per day.  The court noted that Wise did not attempt to obtain a medical transfer and failed to seek medical treatment.

2012 U.S. Dist. LEXIS 24057 (U.S.D.C. E.D. Va. 2012).