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Richardson v. Spurlock

Allegations that an inmate was forced to sit near smokers on several occasions does not violate contemporary standards of decency.

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Appeal from the United States District Court For the Middle District of Louisiana

William C. Richardson (“Richardson”), a Louisiana prisoner, appeals the dismissal of his 42 U.S.C. � 1983 claim against Sergeant James Spurlock and other prison officials. He alleges, among other things, that he was occasionally exposed to second-hand smoke in violation of the Eighth Amendment’s prohibition against cruel and unusual punishment. We affirm.

Richardson is an inmate at the Louisiana State Penitentiary. On “several occasions,” he claims that he was exposed to second-hand smoke from other inmates’ cigarettes during bus rides to and from work assignments. As a result, he says he had to “gasp for breath,” and suffered from nausea. The smoke also allegedly aggravated his “existing medical conditions such as high blood pressure, blood clotting, edema, arthritis, tumors etcetera,” and increased his risk for “fatal cancers.” Richardson claims that prison officials deliberately allowed this to occur, despite his complaints.

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