LANGUAGE

Henderson v. Sheahan, et al.

The plaintiff, a pre-trial detainee, brought action against the sheriff of the jail and the former executive director of the county's department of corrections for personal injury and violation of due process.  The plaintiff claimed that he was exposed to cigarette smoke while detained in jail which caused him various health problems. The Court found that the plaintiff's allegations of present injuries, including breathing problems, chest pains, dizziness, sinus problems, headaches, and loss of energy, allegedly due to his exposure to second-hand smoke, were not sufficiently serious to support his claim of due process violation, absent the allegation that a physician diagnosed him as having medical condition that necessitated smoke-free environment, treated him for any condition or ailment brought about by exposure to second-hand smoke, or recommended or ordered that he be placed in a non-smoking environment.