Correctional personnel cannot ignore the fact that breathing secondhand smoke may increase health risks for staff and inmates. The most widespread effects of tobacco smoke are eye, nose and throat irritation, headaches, and coughs. Although these problems are not life threatening, they may cause severe discomfort, which could influence inmates' behavior. Furthermore, passive or involuntary smoking can cause lung cancer in healthy nonsmokers. There is a current lawsuit pending in the U.S. District Court of New Hampshire claiming a violation of an inmate's Eighth Amendment right against cruel and unusual punishment. In the suit, inmates claim that involuntary exposure to other inmates' heavy cigarette smoking punishes them unfairly and poses long-term threats to their health. If the suit is successful, it will have far-reaching effects on correctional facilities nationwide. Alternatives that correctional managers can take in complying with nonsmokers' rights include renovating correctional facilities to increase ventilation or establishing strict smoking policies and designating smoking and nonsmoking areas. 13 references.