Larry Wayne Grass v. Willis Sargent, Warden, Cummins Unit A.L. Lockhart, Director, Arkansas Department of Correction

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…