The plaintiff, an inmate at a New York State prison, alleged that New York State and officials of the New York State Department of Correctional Services violated his right to freedom from cruel and unusual punishment and his substantive due process rights protected under the U.S. Constitution, by exposing him to high levels of environmental tobacco smoke. According to the plaintiff, the conditions jeopardized his current and future health, and prison officials acted with intentional indifference, and even physically assaulted him, for raising his constitutional complaints. In addition to several procedural defenses, the prison officials responded that they did not expose the plaintiff to levels of environmental tobacco smoke high enough to cause him serious injury and that the plaintiff could not establish a retaliation claim against them. A magistrate judge found that the plaintiff could not substantiate important factual allegations and disposed of the complaint. On appeal, the United States Court of Appeals for the Second Circuit affirmed the magistrate's dismissal of the claims as against the New York State and prison officials in their official capacities. However, the Court returned the case to the magistrate for further examination of the plaintiff's behavior during a specific, critical time period, as well as examination of the retaliation claim on which the magistrate had not passed judgment.
Davis v. State of New York, et al., 316 F.3d 93 (2d Cir. 2002).
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.
A violation of the protection against cruel and unusual punishment. For example, prisoners may claim that exposure to secondhand smoke violates this right.
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Type of Tobacco Product
None
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"Here, Davis's claim for injunctive relief is not moot because Davis indicates that his problems with second-hand smoke are ongoing. Despite defendants' contention that Davis does not complain of ongoing exposure to excessive amounts of second-hand smoke, the most recent information on record indicates that Davis is housed in a block without individual cell windows, in conditions similar to those he experienced prior to being transferred out of the honor block. Moreover, although defendants have implemented a new, restrictive smoking policy, Davis asserts that the policy is not being enforced, and that inmates and Corrections officers are still smoking inside. Therefore, Davis's claim for permanent injunctive relief is not moot, and we may consider these issues."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
The plaintiff, an inmate at a New York State prison, alleged that New York State and officials of the New York State Department of Correctional Services violated his right to freedom from cruel and unusual punishment and his substantive due process rights protected under the U.S. Constitution, by exposing him to high levels of environmental tobacco smoke. According to the plaintiff, the conditions jeopardized his current and future health, and prison officials acted with intentional indifference, and even physically assaulted him, for raising his constitutional complaints. In addition to several procedural defenses, the prison officials responded that they did not expose the plaintiff to levels of environmental tobacco smoke high enough to cause him serious injury and that the plaintiff could not establish a retaliation claim against them. A magistrate judge found that the plaintiff could not substantiate important factual allegations and disposed of the complaint. On appeal, the United States Court of Appeals for the Second Circuit affirmed the magistrate's dismissal of the claims as against the New York State and prison officials in their official capacities. However, the Court returned the case to the magistrate for further examination of the plaintiff's behavior during a specific, critical time period, as well as examination of the retaliation claim on which the magistrate had not passed judgment.