A pro se plaintiff sued the former correctional facility superintendent, alleging that his Eighth Amendment right to be free from cruel and unusual punishment was violated when the superintendent failed to enforce a prison smoking policy pursuant to N.Y. Public Health Law §. 1399.  The Plaintiff sought punitive and compensatory damages; the defendant moved for summary judgment.  The District Court ruled that the “factual record provided no basis for a finding that the superintendent’s actions constituted deliberate indifference to plaintiff’s medical needs” and failed to show his personal involvement in plaintiff’s exposure to secondhand smoke.  The court also ruled that “there is no evidence that Defendant was grossly negligent” and dismissed the claim that Defendant violated New York state law by failing adequately to enforce the N.Y. Public Health Law.

2003 U.S. Dist. LEXIS 1386, 2003 WL 230868 (U.S.D.C. So. Dist. NY 2003).