Jones

MEMORANDUM **

Christopher A. Jones, a Nevada state prisoner, appeals pro se the district court’s *409 summary judgment for defendants in his 42 U.S.C. § 1988 action alleging defendants subjected him to cruel and unusual punishment by exposing him to environmental tobacco smoke (“ETS”) by housing him with a smoker. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, see Barnett v. Centoni, 31 F.3d 813, 815 (9th Cir.1994) (per curiam), and we reverse and remand.

To establish an Eighth Amendment violation based on ETS exposure, a prisoner must show (1) exposure to levels of ETS that pose an unreasonable risk of serious damage to his present or future health and (2) deliberate indifference on the part of prison officials. Helling v. McKinney, 509 U.S. 25 , 3A-35, 113 S.Ct. 2475 , 125 L.Ed.2d 22 (1993). Exposure to ETS by people who are sensitive to ETS because of preexisting conditions may constitute cruel and unusual punishment. See Franklin v. State of Oregon, 662 F.2d 1337, 1346-47 (9th Cir.1981).

Here, the record shows that, in November 1998, Jones was assigned to a cell with a heavy smoker. Medical consultation reports indicate that Jones suffered from a…