TOBACCO CONTROL LAWS

Rochon v. City of Angola, Louisiana, et al.

The plaintiff, a prison inmate, complained that prison smoking policies regularly caused him to suffer exposure to environmental tobacco smoke in violation of his constitutional right against cruel and unusual punishment. A lower court found in favor of the plaintiff but dismissed the charge as against several of the defendants based on an interpretation of official immunities. The United States Court of Appeals for the Fifth Circuit considered that granting such immunities was not permissible where the conditions complained of violated contemporary standards of decency. After concluding that exposure to environmental tobacco smoke created a risk so grave that no individual should be unwillingly exposed to it, the Court affirmed the lower court's decision in favor of the plaintiff. The Court also reversed the lower court's dismissal of the claim as against the particular defendants and returned the case to the lower court for further proceedings.

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Rochon v. City of Angola, Louisiana, et al., 122 F.3d 319, United States Court of Appeals, Fifth Circuit (1997).

  • United States
  • Sep 24, 1997
  • United States Court of Appeals, Fifth Circuit

Parties

Plaintiff Raymond Rochon

Defendant

  • Burl Cain, Warden, Louisiana State Penitentiary
  • City of Angola, Louisiana
  • Edwin Edwards
  • John P. Whitley, Warden, Louisiana, State Penitentiary
  • Richard Stalder, Secretary
  • State of Louisiana

Legislation Cited

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
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.
Personal Injury
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.

Tobacco Control Topics

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

Right to Freedom from Cruel and Unusual Punishment
A violation of the protection against cruel and unusual punishment. For example, prisoners may claim that exposure to secondhand smoke violates this right.
Procedural Defect
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

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