A nonsmoking prisoner in Oklahoma brought a complaint under 42 U.S.C. sec. 1983, alleging that prison officials were deliberate indifferent to his allergy to smoke by exposing him “to levels of environmental tobacco smoke (ETS), that pose an unreasonable risk of serious damage to his present and future health in violation of [the] Eighth Amendment.”  Noting “defendants’ continuous efforts to move plaintiff to a smoke-free environment, the court concluded that plaintiff had failed to demonstrate that there was a genuine issue of material fact as to whether defendants were deliberately indifferent to his smoke allergy,” the district court granted summary judgment for the defendants.  The Tenth Circuit Court of Appeals affirmed the district court’s judgment.

1997 U.S. App. LEXIS 19988, see 120 F. 3d 270, 1997 U.S. App. LEXIS 27517.