skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 126846 Find in a Library
Title: Smoking in Detention/Corrections Facilities: Differing Views from the Courts
Journal: Detention Reporter  Issue:84  Dated:(October 1990)  Pages:3-10
Editor(s): R Miller
Date Published: 1990
Page Count: 8
Type: Best Practice/State-of-the-Art Review
Format: Article
Language: English
Country: United States of America
Annotation: Recently, Federal courts have been asked by inmates to interpret constitutional rights with regard to smoking.
Abstract: Inmates have asked the courts to determine if they have a right to smoke in certain situations. In the cases, Doughty v. Board of County Commissioners for County of Weld, 731 F.Supp. 423 (D. Colo. 1989), and Grass v. Sargent, 903 F. 2d 1206 (8th Cir. 1990), the courts responded "no." Nonsmoking inmates have asked the courts to rule that they have a right to avoid the smoke of other inmates. While several recent rulings have declined to reach this conclusion, some earlier cases disagree. All of the courts have acknowledged that this is an emerging issue that can be expected to evolve. The cases, Hummer v. Dalton, 657 F. 2d 621 (1981), and Beeson v. Johnson, 668 F.Supp. 498 (E.D.N.C. 1987), suggest that inmates to have rights to be free from "environmental tobacco smoke." See NCJ-127290 for part 2
Main Term(s): Prison smoking policies
Index Term(s): Inmate health; Inmate preventive health education; Prisoner's rights
Note: Part 1 of 2
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.