Larry Wayne Grass v. Willis Sargent, Warden, Cummins Unit A.L. Lockhart, Dir., Arkansas Dep't of Corr., 903 F.2d 1206 (8th Cir. 1990). · Go Syfert
Larry Wayne Grass v. Willis Sargent, Warden, Cummins Unit A.L. Lockhart, Dir., Arkansas Dep't of Corr., 903 F.2d 1206 (8th Cir. 1990). Cases Citing This Book View Copy Cite
“we agree with the district court that the complaint has no basis in law and is nothing more than a claim of infringement of a legal interest that does not exist.”
13 citation events (9 in the last 25 years) across 9 distinct courts.
Strongest positive: Washington v. Denney (mowd, 2018-07-16)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (quoted) Washington v. Denney (2×) also: Cited as authority (rule)
W.D. Mo. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
we agree with the district court that the complaint has no basis in law and is nothing more than a claim of infringement of a legal interest that does not exist.
discussed Cited as authority (rule) Benton v. Higgins
E.D. Ark. · 2023 · confidence medium
Gallagher v. City of Clayton, 699 F.3d 1013, 1018 (8th Cir. 2012); Grass v. Sargent, 903 F.2d 1206, 1206 (8th Cir. 1990); see also Brown v. Boone Cnty., Ark., No.13-3065, 2014 WL 4404973 , at *5 (W.D.
discussed Cited as authority (rule) Giordano v. Connecticut Valley Hospital
D. Conn. · 2008 · confidence medium
See Johnson v. Saffle, No. 98-6225, 1998 WL 792071, at *1 (10th Cir. Oct. 15, 1998) (dismissing as frivolous an inmate’s due process challenge to a prison’s “no smoking” policy); Grass v. Sargent, 903 F.2d 1206, 1206 (8th Cir.1990) (“There is no constitutional right to smoke in prison.”); cf. Beatie, 123 F.3d at 711 (“Legislative acts that do not interfere with fundamental rights or single out suspect classifications carry with them a strong presumption of constitutionality and must be upheld if rationally related to a legitimate state interest.
cited Cited as authority (rule) Nowaczyk, et al. v. NHSP
D.N.H. · 2001 · confidence medium
Sargent, 903 F.2d 1206, 1206 (8th Cir. 1990) (per curium); Reynolds v .
discussed Cited "see" Austin v. Lehman (2×)
E.D. Pa. · 1995 · signal: see · confidence high
See Grass v. Sargent, 903 F.2d 1206, 1207 (8th Cir.1990) (ban on smoking in prison visitation area during visiting hours does not deprive inmates of “minimal civilized measure of life’s necessities” under Rhodes); Beauchamp v. Sullivan, 21 F.3d 789, 790 (7th Cir.1994) (affirming dismissal of “frivolous” Eighth Amendment challenge to prison smoking regulations); Reynolds v. Bucks, 833 F.Supp. 518, 520 (E.D.Pa.1993) (prison smoking ban does not violate Eighth Amendment given widely recognized health hazards associated with cigarettes and given need to protect prison equipment from smok…
Retrieving the full opinion text from the archive…
Larry Wayne GRASS, Appellant,
v.
Willis SARGENT, Warden, Cummins Unit; A.L. Lockhart, Director, Arkansas Department of Correction, Appellees
89-2957.
Court of Appeals for the Eighth Circuit.
May 29, 1990.
903 F.2d 1206
Larry Wayne Grass, pro se.
McMillian, Fagg, Bowman.
Cited by 8 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: W.D. Missouri (1)
PER CURIAM.

Larry Wayne Grass, an Arkansas inmate, appeals from the district court’s dismissal of his 42 U.S.C. § 1983 complaint asserting a violation of his constitutional rights by the Arkansas Department of Correction’s newly implemented policy prohibiting smoking in the prison visitation area during visiting hours.

There is no constitutional right to smoke in prison. See Doughty v. Board of County Comm’rs, 731 F.Supp. 423, 426 (D.Colo.1989). The state regulation Grass cites directs prison officials to establish a smoking policy, but does not contain particularized substantive criteria to guide the officials or mandatory language requiring[*1207] them to act in a certain way and thus does not create a liberty interest. See Williams v. Armontrout, 852 F.2d 377, 379 (8th Cir.), cert. denied, — U.S.-, 109 S.Ct. 564, 102 L.Ed.2d 589 (1988). Grass’s complaint must also fail as an eighth amendment claim because the policy does not deprive inmates of a “minimal civilized measure of life’s necessities.” Rhodes v. Chapman, 452 U.S. 337, 347, 101 S.Ct. 2392, 2399, 69 L.Ed.2d 59 (1981). We agree with the district court that the complaint has no basis in law and is nothing more than a claim of infringement of a legal interest that does not exist. See Neitzke v. Williams, — U.S. -, 109 S.Ct. 1827, 1831, 1833, 104 L.Ed.2d 338 (1989).

Accordingly, we affirm.