Opinion
The panel unanimously finds this case suitable for decision without oral argument. Fed. R.App. P. 34(a); 9th Cir. R. 34-4.
Editorial Note:
This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)
Appeal from the United States District Court for the Eastern District of Washington Fred L. Van Sickle, District Judge, Presiding
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Before: REAVLEY, O'SCANNLAIN and FERNANDEZ, Circuit Judges.
Honorable Thomas M. Reavley, Senior United States Circuit Judge for the United States Court of Appeals, Fifth Circuit, sitting by designation.
Washington state prisoner Dick A. Young appeals the district court's summary judgment dismissing his 42 U.S.C. § 1983 action alleging that his constitutional rights were violated by prison officials' failure to adequately remove passive environmental tobacco smoke from the prison air. We affirm.
This record demonstrates conclusively the efforts by prison officials to balance the rights of prisoners who smoke with those who object to second-hand smoke. And the record demonstrates careful attention by the district judge and magistrate judge to Young's claims in light of the Supreme Court's opinion in Helling v. McKinney, 112 S.Ct. 3024 (1992). The court's judgment is correct for the reasons it gives. No issue is presented in the record to support a claim that the second-hand smoke to which Young is subjected creates a health risk beyond what society is willing to tolerate. Further, the medical treatment given Young presents no issue of deliberate indifference to his need.
AFFIRMED.