TOBACCO CONTROL LAWS

Mills v. Thompson, et al.

A prisoner sued the Kentucky Department of Corrections claiming that the Department of Corrections’ Commissioner did not have the authority to adopt a tobacco-free policy at adult correctional facilities in the state. The court found that the Commissioner had clear authority under state law to implement a tobacco-free policy in state-run correctional facilities and dismissed the prisoner’s claim.

DOWNLOAD DOCUMENT

Mills v. Thompson & Parker, Kentucky Court of Appeals, No. 2011-CA-002211-MR (2013)

  • United States
  • Jul 12, 2013
  • Commonwealth of Kentucky Court of Appeals

Parties

Plaintiff John Mills

Defendant

  • Ladonna H. Thompson
  • Philip W. Parker

Legislation Cited

Kentucky Revised Statutes Section 196.245

Kentucky Revised Statutes Section 61.165

Related Documents

None

Type of Litigation

Challenge to Government Policies Relating to Tobacco Control/Public Health
Tobacco companies or front groups may challenge any legislative or regulatory measure that affects their business interests. Unlike public interest litigation, these cases seek to weaken health measures. These cases frequently involve the industry proceeding against the government. For example, a group of restaurant owners challenging a smoke free law as unconstitutional.

Tobacco Control Topics

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

Substantive Issues

Excessive Delegation of Authority to the Executive
The legislative branch, through its tobacco control legislation, may have granted too much authority to the executive branch to implement measures administratively.
Ultra Vires Regulation
Subsequent regulations exceed the scope of the originating law.

Type of Tobacco Product

None

1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2024 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by