Allen v. DeTella

A nonsmoking prisoner filed a complaint under 42 U.S.C. sec. 1983 alleging, inter alia, that he suffered from shortness of breath after he was subjected to secondhand tobacco smoke.  He also sought leave to proceed in forma pauperis.  The Court found that Allen “has described conditions in which he was exposed to an excessive amount of smoke without any means to avoid it” and “therefore will grant him leave to proceed in forma pauperis as to his claim about exposure to second-hand smoke.”

1997 U.S. Dist. LEXIS 1644 (N.D. Ill.).