"1993 Supreme Court decision: Exposure to secondhand smoke constitutes cruel and unusual punishment in violation of the 8th Amendment."
SMOKING:
Current News and Research
No tobacco sales to anyone under 21 – what will AZDOC do?
The new FDA law went into effect 12-20-2019, but fines will not be imposed for 6 months. How will Keefe, the tobacco supplier to inmates in Arizona, be in compliance? Will AZ prisons finally catch up with the rest of the nation and go smoke-free?
Keefe Employee Ignores Smoking Policy
It seems that some Keefe employees don’t adhere to the smoking policy at Perryville. We’ve had numerous complaints about a Keefe “white shirt”, Ms. Lorry, who constantly smokes directly in front of the kitchen door. This behavior is especially problematic for non-smokers with asthma, as they have to endure the smoke to get into the chow hall.
One asthmatic complained to Sgt. Goldberg who did his due diligence by warning Ms. Lorry to smoke in the smoking section. She has, by these women’s accounts, ignored this directive.
Inmates: “Anything Goes on Lumley”
Dateline Lumley Unit: Numerous women wrote in with very similar stories about Lumley’s lawless behavior. Residents complain about out-of-control smoking; in line to the store, to the chow hall, in the chow hall, on the runs, in the rooms – everywhere! They say there is “no such thing as a non-smoking area.”
Rampant illegal tattooing is taking place while the guards look away. On 9-5-19 Lumley had a “shake” (inspection) and before they were through the first wing, the supervisors had a notebook full of 27 names of people with new tattoos, and a box full of colored inks and tattoo paraphernalia. We don’t know how much they found by the end of the shake.
One inmate recently transferred out of an “overflow room” on “A” yard. She describes a room with no bunk, one dirty mattress on the floor, used tampons and filth littering the area, and an overflowing busted toilet. These rooms are obviously not cleaned between occupants.
Sounds like the Deputy Warden needs to “clean up” this unit in more ways than one!
Exposure to Secondary Smoke Can State Claim
Originally published in Prison Legal News September, 1993, page 1 Donald McKinney was a Nevada state prisoner who filed a civil rights complaint against prison officials, pursuant to 42 U.S.C. § 1983, claiming that his involuntary exposure to environmental tobacco...
Tobacco Control Policies and Deaths from Smoking in U.S. Prisons Medical Study BMJ 2014
"Conclusions Smoking contributes to substantial mortality in prison, and prison tobacco control policies are associated with reduced mortality. These findings suggest that smoking bans have health benefits for people in prison, despite the limits they impose on...
Official AZDOC policy – D.O. 109 – Smoking & Tobacco Regulations
"Smoking/vaping is prohibited within 20 feet from any building. Smoking/vaping outside is prohibited in any area which may subject normal traffic to second-hand smoke or may result in drifting smoke entering into buildings through entrances, windows and ventilating...
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