TOBACCO CONTROL LAWS

Henderson v. Sheahan, et al.

The plaintiff, a pre-trial detainee, brought action against the sheriff of the jail and the former executive director of the county's department of corrections for personal injury and violation of due process.  The plaintiff claimed that he was exposed to cigarette smoke while detained in jail which caused him various health problems. The Court found that the plaintiff's allegations of present injuries, including breathing problems, chest pains, dizziness, sinus problems, headaches, and loss of energy, allegedly due to his exposure to second-hand smoke, were not sufficiently serious to support his claim of due process violation, absent the allegation that a physician diagnosed him as having medical condition that necessitated smoke-free environment, treated him for any condition or ailment brought about by exposure to second-hand smoke, or recommended or ordered that he be placed in a non-smoking environment.

Henderson v. Sheahan et al., 196 F.3d 839, United States Court of Appeals, Seventh Circuit (1999).

  • United States
  • Nov 16, 1999
  • United States Court of Appeals, Seventh Circuit
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Parties

Plaintiff Ellis Henderson

Defendant

  • J.W. Fairman
  • Michael F. Sheahan

Legislation Cited

42 U.S.C. § 1983

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.

Tobacco Control Topics

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

Substantive Issues

Right to Procedural Due Process
A violation of the right to procedural fairness. For example, a party may claim that a government agency did not consult with public or stakeholders when issuing regulations.
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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