A nonsmoking prisoner was transferred to a facility so he could appear in federal court.  He was there for 20 days; he alleges that as result of his exposure to environmental tobacco smoke (ETS), he “suffered from sever headaches, chest pains, breathing problems, nausea, watery eyes, all of which, Plaintiff alleges, pose a serious health risk to Plaintiff now and in the future.”  The Court (Broderick, J.) granted the Defendants’ motion to dismiss the claim because the degree of exposure to ETS “simply failed to rise to the ‘unreasonably high’ level required to state a claim of cruel and unusual punishment under the Eighth Amendment.”  The court also ruled that, even if Blackiston had alleged “unreasonably high” levels of exposure to ETS, the claim would have still failed because he had not alleged deliberate indifference to his health by the Defendants.