28 C.F.R. § 551.160
Purpose and scope
To advance towards becoming a clean air environment and to protect the health and safety of staff and inmates, the Bureau of Prisons will restrict areas and circumstances where smoking is permitted within its institutions and offices.
Notes of Decisions
Cited in 8
cases, 1987–2009 · leading case: Brown v. U.S. Just. Dep't, 271 F. App'x 142 (3rd Cir. 2008).
Brown v. U.S. Just. Dep't, 271 F. App'x 142 (3rd Cir. 2008). “See 28 C.F.R. § 551.160 et seq. For most of Brown’s stay at FCI — McKean, and while Defendant Lamanna was the warden, prison wardens retained discretion under the regulations to designate indoor as well as outdoor smoking areas.”
Gorman v. Moody, 710 F. Supp. 1256 (N.D. Ind. 1989). “7 It is interesting to note, however, that as of 1986 only two states had statutes which allowed a warden, in his discretion, to establish smoking and nonsmoking areas within a prison.”
Avery v. Powell, 695 F. Supp. 632 (D.N.H. 1988). “28 C.F.R. § 551.160 (1987). Even that stalwart bastion of the smoke-filled room, the American political convention, has banned smoking from its midst.”
Adair v. United States, 70 Fed. Cl. 65 (Fed. Cl. 2006). “22, 2006) (incorporating into the Program Statement 28 C.F.R. § 551.160 (Purpose and Scope) (stating that "the Bureau of Prisons will restrict areas and circumstances where smoking is permitted”)), the court notes that the Executive Order did not apply to correctional facilities…”
Caldwell v. Quinlan, 729 F. Supp. 4 (D.D.C. 1990). “” 28 C.F.R. § 551.160 (1988). At the time plaintiff’s complaint was filed, the Warden at Marion had established a nonsmoking/smoking policy designed to accommodate the concerns of both “individuals who choose to smoke or not to smoke.”
Abuhouran v. United States, 595 F. Supp. 2d 588 (E.D. Pa. 2009). “Under these circumstances, the designation of non-smoking areas is left to the judgment of the warden and thus it is intended to be afforded the protection of the discretionary function exception to the FTCA.”
Webber v. Crabtree, 158 F.3d 460 (9th Cir. 1998). “The prison officials correctly assert that the Bureau of Prisons has a legitimate objective of protecting the health and safety of inmates and staff by providing a clean air environment.”
Beeson v. Johnson, 668 F. Supp. 498 (E.D.N.C. 1987). “See 28 CFR § 551.160 authorizing wardens to establish no smoking areas in prisons and stating: *504 (a) Smoking is prohibited in those areas where to allow smoking would pose a hazard to health or safety.”
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