TOBACCO CONTROL LAWS

Sweatt v. Conley, et al.

An inmate claimed his imprisonment with or near smokers involuntarily exposed him to unhealthy secondhand tobacco smoke and violated his constitutional rights.  On appeal, this appellate court affirmed the trial court's dismissal of the suit on various procedural grounds, finding that the plaintiff failed to state a claim for writ of mandamus, that the trial court lacked subject matter jurisdiction to hear the plaintiff's request for declaratory relief, and that the trial court lacked venue to hear the plaintiff's claim alleging violation of his civil rights.

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Sweatt v. Conley, et al., Appeal No. 01-A-01-9706-CH-00247, Court of Appeals of Tennessee, Middle Section at Nashville (1997).

  • United States
  • Dec 5, 1997
  • Court of Appeals of Tennessee, Middle Section at Nashville

Parties

Plaintiff Antonio Sweatt

Defendant

  • Dale Basham, Inmate Relations Coordinator
  • Dr. Harold Butler, Medical Physician
  • Edna Freeman, Health Administrator
  • Hattie Moore, Inmate Relations Coordinator
  • Robert Conley, Warden
  • Shelia Roberts, Counsel
  • William Calhoun, Unit Manager

Legislation Cited

Related Documents

None

Type of Litigation

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.
Action against Government to Advance the Public Interest
An individual or organization may sue their own government in order to advance or protect the public interest. For example, an NGO may sue the government claiming the government’s weak tobacco control laws violated their constitutional right to health.

Tobacco Control Topics

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

Substantive Issues

Right to Health
A violation of the right to the enjoyment of the highest attainable standard of health. Public health advocates may claim the public’s right to health is violated by weak tobacco control measures, industry tactics, or an organization’s or smokers’ actions.
Right to a Healthy and Safe Environment
A violation of the right to live in a safe and healthy environment.
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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