A nonsmoking prisoner from the state of Washington appealed the dismissal of his 42 U.S.C sec. 1983 action alleging that his constitutional rights were violated by prison officials’ failure to adequate remove environmental tobacco smoke from the prison air.  The Ninth Circuit Court of Appeals, at 121 F. 3d 720, 1997 U.S. App. LEXIS 41106,  affirmed the dismissal, concluding that no “issue is presented in the record to support a claim that the second-hand smoke to which Young is subjected creates a health risk beyond what society is willing to tolerate.

1997 U.S. App. LEXIS 19113.