http://www.tobacco.org/newsfeed/category/prisons.rss Latest top tobacco news headlines en-us http://www.wjtv.com/gulfcoastwest/jtv/news.apx.-content-articles-JTV-2008-05-15-0022.html http://tobacco.org/news/265387.html The 5th U.S. Circuit Court of Appeals is reinstating a Mississippi inmate's complaint about being exposed to second hand smoke in his cell at the state prison at Parchman. The three-judge panel said yesterday (Wednesday) that 56-year-old Jerry Marcus' 2006 lawsuit complaining of potential health problems due to second hand smoke is valid. Marcus filed the suit in federal court in Greenville complaining that he couldn't get baby oil, skin lotion or hair grease. Marcus alleged in his complaint that he was transferred to more restrictive housing at Parchman in 2004 when MDOC adopted a new inmate classification system. AP Thu, 15 May 2008 04:00:00 GMT http://news.bbc.co.uk/1/hi/world/europe/isle_of_man/7395675.stm http://tobacco.org/news/265163.html A Manx prisoner who went on hunger strike in protest over a smoking ban at the island's jail has ended his action. The inmate was one of a number of prisoners who took part in the dispute by refusing prison meals. He was the final prisoner to end the protest, which lasted for 10 days. BBC Online Isle of Man Mon, 12 May 2008 04:00:00 GMT http://www.kwwl.com/Global/story.asp?S=8299126 http://tobacco.org/news/265162.html Iowa's prisons are going smoke-free, despite an exemption from the state's new statewide smoking ban. Prison spokesman Fred Scaletta says officials are concerned about the rising cost of health care for inmates and banning smoking will cut those bills. Three prisons already ban tobacco - Clarinda, Oakdale and Mount Pleasant. The ban for all prisons will start in early 2009. AP Mon, 12 May 2008 04:00:00 GMT http://cbs2.com/local/Reno.Sacramento.Prison.2.720961.html http://tobacco.org/news/265136.html A former cook at a federal prison and his brother have plead guilty to accepting bribes to smuggle tobacco products to inmates. Federal prosecutors say 34-year-old Michael Megill sneaked chewing and smoking tobacco into the Federal Correctional Institution at Herlong and left it hidden for inmates to find. His brother, 32-year-old Jeremy Megill, arranged for payments from inmates' families for the deliveries. AP Sat, 10 May 2008 04:00:00 GMT https://ecf.njd.uscourts.gov/cgi-bin/show_temp.pl?file=pdf60041559131354&type=application/pdf http://tobacco.org/news/265077.html I. BACKGROUND Pro se plaintiff James Hemphill (“Plaintiff”) was a prisoner at the Adult Diagnostic and Treatment Center (“ADTC”) in Avenel, New Jersey. Plaintiff alleges that, as a result of the chemicals added to Moving Defendants’ tobacco products that “make smokers addicted to the cigarettes,” he was “forced to suffer from the secondhand smoke that is produce[d] from there [sic] product.” (Id. at 8-11.) Plaintiff contends that “the only persons who benefit[] from the tobacco is [sic] the smoker[,] who is able to satisfy his addiction[,] and the tobacco manufacturer[,] who makes a profit from the sale, at the cost of my health and possibly future damage to my health.” (Id.) To describe his injuries, Plaintiff states that he has experienced “continued stomach problems through [a]cid [r]eflux [d]isease which is worsened from constant inhaling of second hand [sic] smoke, while incarcerated within this [i]nstitution Plaintiff identifies “M. Bernstein & Sons Newark Tobacco & Candy Co.” as the “[s]ole tobacco vender to the state prisons.” (Id.) According to Plaintiff, M. Bernstein & Sons “[s]ells the tobacco products to the state institutional facilities for a profit and has no concern about the deadly health risk associated from secondhand smoke to non[-]smokers.” . . . A. Plaintiff’s § 1983 Claim Fails Because Tobacco Companies are Not State Actors In order to state a cause of action under Section 1983, a plaintiff must allege the violation of a right secured by the Constitution or laws of the United States, which was committed or caused by a person acting under color of state law. Even if Plaintiff had intended to allege that Moving Devendants provide their tobacco products for sale at ADTC, a “private firm does not become a state actor by selling its products to the government.” Several courts have held that tobacco manufacturers are private entities, and that the mere sale of their products in state penal institutions does not transform them into state actors acting under the color of state law. Plaintiff’s Section 1983 claim against Moving Defendants must be dismissed. B. The New Jersey Smoke Free Act Does Not Create a Private Right of Action The NJSFA prohibits smoking in indoor public places and workplaces, with limited exceptions. See N.J. STAT. ANN. § 26:3D-58. However, the NJSFA provides no private right of action to plaintiffs aggrieved by a violation of its terms. N.J. STAT. ANN. § 26:3D-62(e) (“[T]here shall be no private right of action against a party for failure to comply with the provisions of this act.”). As a matter of law, Plaintiff cannot articulate a viable claim against Moving Defendants under the NJSFA. U.S. Courts ECF Tue, 06 May 2008 04:00:00 GMT http://dockets.justia.com/docket/court-njdce/case_no-2:2007cv00424/case_id-198673/ http://tobacco.org/news/265074.html January 24, 2007 3 Court Opinion or Order ORDER denying pltfs' motion to proceed as a class action; that pltfs' appl. for appointment of counsel is denied w/out prejudice, as premature; that pltfs. James Hemphill; Efraim Esquilin; Christopher Mark; William Weiss; Christos Papachris tos; Louis George Johnston, Jr.; Tymil Mason; Claude Franklikn; Peter Braun; Oliver Mason; Toboris Wright; Ronald Young; and Allan Lovenson are dismissed from civ. 06-5033; that the Clerk of the Court shall open a new case for each of the dismissed p ltfs. w/the complaint from each of the newly-opened cases to the same judge who is assigned to civ. 06-5033; that the Clerk shall enter the Opinion and Order in civ. 06-5033 on the docket in each of the newly-opened cases; and each of the dismissed pltfs. may indicate his intent to proceed with his claims by filing an amended complaint asserting his individual claims under his newly-assigned docket number, etc.. Signed by Judge Stanley R. Chesler on 1/24/2007. (mn, Justia Wed, 24 Jan 2007 05:00:00 GMT https://ecf.njd.uscourts.gov/cgi-bin/qrySummary.pl?198673 http://tobacco.org/news/265073.html Date filed: 01/24/2007 Date terminated: 05/04/2007 Date of last filing: 06/29/2007 U.S. Courts ECF Fri, 29 Jun 2007 04:00:00 GMT http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=2008805090394 http://tobacco.org/news/265003.html Iowa's prisons will become tobacco-free in early January even though state lawmakers exempted the institutions in a new law that bans smoking in most public places. Prison officials are concerned about rising health care costs for inmates and believe banning smoking will help reduce those bills, said Fred Scaletta, prison spokesman. Tobacco historically has been an important part of inmate culture. In the past decade, however, there has been a trend toward eliminating smoking in the nation's prisons. The Federal Bureau of Prisons, with more than 200,000 inmates in 114 facilities, has been smoke-free since 2004, said spokesman Mike Truman. Surveys have shown a majority of the 50 state prison systems are either tobacco-free or have partial smoking bans. Some observers in Iowa, though, are worried about repercussions from a smoking ban. Des Moines Register bpetroski@dmreg.com (WILLIAM PETROSKI ) Fri, 09 May 2008 04:00:00 GMT http://www.kwwl.com/Global/story.asp?S=8299048 http://tobacco.org/news/264999.html Iowa's prisons are going smoke-free, despite an exemption from the state's new statewide smoking ban. Prison spokesman Fred Scaletta says officials are concerned about the rising cost of health care for inmates and banning smoking will cut those bills. AP Fri, 09 May 2008 04:00:00 GMT http://www.canada.com/montrealgazette/news/story.html?id=dfebfde2-2705-4321-a283-df4c9ecd656f&k=58453 http://tobacco.org/news/264969.html Anti-smoking programs and suspected stashes of tobacco are helping keep Canada's prisons quiet so far this week as a smoking ban came into effect in maximum-security federal penitentiaries across the country. The Correctional Service of Canada banned indoor smoking in its prisons in 2006, but the new rules mean no more smoking outdoors, as well, for maximum-security inmates since Monday. Mid-level institutions follow suit on May 20 and minimum-security institutions on June 2. "There are no incidents to report at this point," said Janine Chown, a Corrections spokeswoman for the region of Ontario. "We're only a day into it, so it may be a bit early to assess the full reaction to the ban." Montreal Gazette mailto:rteague@thegazette.canwest.com (Canwest News Service) Canada Wed, 07 May 2008 04:00:00 GMT http://www.muskoka-news.com/muskokanews/article/103314 http://tobacco.org/news/264867.html The inmates of Muskoka’s two federal prisons are getting the opportunity for a few more nicotine breaks before a planned smoking ban takes effect. A total ban on smoking, scheduled to start Wednesday, April 30 at all federal correctional facilities, has been postponed and authorities have decided on a staggered implementation, said Annette Allen, deputy warden at Fenbrook medium security institution in Gravenhurst. “It’s in order to allow the region as a whole to judge any potential reaction to the implementation of the ban,” she said. Bracebridge Examiner / Gravenhurst Banner Canada Wed, 07 May 2008 04:00:00 GMT http://www.nationalpost.com/life/health/story.html?id=d85ac72c-03fa-4d13-ace2-606c297aeda0&k=27414 http://tobacco.org/news/264791.html Canada has banned all smoking in federal prisons because a partial ban was largely ignored, the government said on Tuesday. As a result of the ban, which took effect in all maximum-security prisons on Monday, inmates will be barred from smoking anywhere inside or outside prison property, including private visiting rooms and yards. "Since the partial ban was not working in order to ensure a safe, healthy, smoke-free environment, we decided to move towards the total ban," said Lynn Brunette, a spokeswoman for the Correctional Service of Canada (CSC). Reuters Canada Tue, 06 May 2008 04:00:00 GMT http://www.cbc.ca/health/story/2008/05/05/prison-smoke.html http://tobacco.org/news/264683.html On May 20, the smoking ban will be extended to medium-security facilities, and at minimum-security facilities on June 2. Robert Pallagi, a non-smoker in jail for attempted murder, said there could be unrest when the large number of smokers at Canada's prisons are forced to butt out, and all of them are suddenly coping with nicotine withdrawal. Inmates are said to be three times more likely to smoke than other Canadians. CBC News Canada Mon, 05 May 2008 04:00:00 GMT http://canadianpress.google.com/article/ALeqM5hAEazrERSsOamOgnD8OPd9fEoIDA http://tobacco.org/news/264675.html A total smoking ban is being implemented at Canadian prisons, starting immediately at federal maximum-security institutions and some regional treatment centres. The Correctional Service of Canada, in a statement issued late Monday, says once fully implemented, smoking will not be permitted "inside federal correctional facilities, including private family visiting units or outdoors, within the perimeter of correctional facilities." Commissioner Keith Coulter says the decision to impose the total ban came "after thorough consultation and consideration of every aspect." An indoor ban was first put in place Jan. 31, 2006. Canadian Press Canada Mon, 05 May 2008 04:00:00 GMT http://www.iomtoday.co.im/poll/Welcome-to-the-iomtoday-poll.3552848.jp http://tobacco.org/news/264613.html Today's Vote Should smoking be allowed in prison? 69% Yes, in all areas 17% No, it poses a threat to the health of staff 14% Only in designated areas Isle of Man Newspapers newsviews@newsiom.co.im Isle of Man Sun, 04 May 2008 04:00:00 GMT