Michael Murphy v. Denis Dowd Missouri Department of Corrections

Michael Murphy, a Missouri inmate previously incarcerated at the Farmington Correctional Center (FCC), appeals the district court’s 1 grant of summary judgment for defendant Denis Dowd, superintendent of FCC, in this action brought under 42 U.S.C. § 1983. We affirm.

While confined at FCC in 1989, Murphy, pro se, filed a complaint against Dowd alleging that he was being involuntarily exposed to environmental tobacco smoke (ETS) in violation of the Eighth Amendment prohibition of cruel and unusual punishment and the Fourteenth Amendment guarantee of due process. In support of his complaint,…