Court of Appeals for the Second Circuit April 23, 2001, No. 00-6273 (Nwanze v. Morris)

SUMMARY ORDER

UPON DUE CONSIDERATION, it is ORDERED, ADJUDGED, AND DECREED that the judgment of the district court be and it hereby is AFFIRMED.

I. BACKGROUND

This case is brought by Austen Nwanze (“Nwanze”) and 434 other non-smoking inmates at federal prisons in Ohio and Pennsylvania (collectively “plaintiffs”) claiming that they have been wrongfully exposed to excessive quantities of second