28 C.F.R. § 551.162

Smoking generally prohibited

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Smoking is generally prohibited in and on the grounds of Bureau institutions and offices, with the following two exceptions:

(a) Smoking is permitted as part of an authorized inmate religious activity; and

(b) For Bureau staff and official visitors, smoking is permitted only in smoking areas designated by the Warden.

Notes of Decisions

Cited in 5 cases, 1991–2009 · leading case: William McKinney v. Pat Anderson Carol Ployer H.L. Whitley George W. Sumner John Nye, 924 F.2d 1500 (9th Cir. 1991).

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William McKinney v. Pat Anderson Carol Ployer H.L. Whitley George W. Sumner John Nye, 924 F.2d 1500 (9th Cir. 1991). “28 C.F.R. § 551.162 (1989). The American Jailers Association, which represents 6,500 jail administrators, passed a resolution endorsing bans on smoking by inmates.”

Edward Lee Clemmons v. Dale Bohannon, Robert Tansy, Herb Maschner, & Robert Mills, 956 F.2d 1523 (10th Cir. 1992). “” 28 C.F.R. § 551.162 (b) (1991). The mandate under which federal prison officials must operate undercuts the majority’s conclusion as a matter of law that defendants here could not do more than they have to minimize Clemmons’s exposure to ETS.”

Abuhouran v. United States, 595 F. Supp. 2d 588 (E.D. Pa. 2009). “” 28 C.F.R. § 551.162 (b)(l)-(2) (2008). This regulation explicitly assigns the exercise of choice or judgment to the warden to designate areas subject to ETS.”

Jarrett v. Westchester Cnty. Dep't of Health, 169 Misc. 2d 320 (N.Y. Sup. Ct. 1996). “28 C.F.R. § 551.162 (1989). The American Jailers Association, which represents 6,500 jail administrators, passed a resolution endorsing bans on smoking by inmates.”

Santos v. United States (5th Cir. 2006). “” 28 C.F.R. § 551.162 (2002). The sure to ETS, he has experienced headaches, regulations further provided that “[t]o the respiratoryproblems, sinus irritation, asthmatic maximum extent practicable nonsmoking episodes, bronchitis, conjunctivitis, ear aches, inmates shall be…”

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