Harrison v. Helman

The Plaintiff was assigned to a non-smoking area of the prison, but his cellmate smoked. After refusing to return to his cell, the Plaintiff was briefly assigned to segregation. He also objected to second hand smoke in common areas or from other areas of the prison. The Plaintiff filed an action under 28 U.S.C. ยง 2241, seeking expungement of the notation in his records that he had been in segregation and an order to the prison to better protect him from secondhand smoke. The District Court dismissed the claim.

The Court of Appeals found that the Plaintiff had not stated a claim on which relief could be granted, and dismissed the case. The Court considered in its reasonings whether claims could be as a "Bivens action" or under the Eighth Amendment's prohibition on cruel and unusual punishment, but concluded that no such options would be available.


Harrison v. Helman, 142 F. 3d 439, United States Court of Appeals for the Seventh Circuit (1998).

  • United States
  • Mar 18, 1998
  • United States Court of Appeals for the Seventh Circuit


Plaintiff Dave Harrison

Defendant David W. Helman

Legislation Cited

U.S. Code

U.S. Constitution

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product