A prisoner sued the warden and other prison officials, alleging that they were deliberately indifferent to a serious medical condition by exposing him to excessive levels of environmental tobacco smoke.  Proctor sought injunctive, declaratory and monetary damages.  Prior to ruling on the Defendants’ motion for summary judgment, the district court, upon learning that Proctor had been transferred to another institution, summarily dismissed the action as moot.  The U.S. Court of Appeals for the Fourth Circuit, vacated in part, ruling that because “Proctor plainly sought monetary relief, that claim was not properly dismissed as moot.”  The case was remanded to the trial court.

1996 U.S. App. LEXIS 11881.