A nonsmoking inmate filed a lawsuit, seeking a court order that the Louisiana State Penitentiary issue a new smoking policy that completely bans smoking within the institution, as of August 15, 2009, the effective date of the Louisiana Smoke-free Air Act.  Galbraith contended that such a directive is needed because the Act, which was enacted but had not yet gone into effect, requires such a smoking ban.  A district court judge dismissed Galbraith’s lawsuit with prejudice.  The Court of Appeal of Louisiana, First Circuit, agreed that the lawsuit was premature, but decided to have the lawsuit dismissed without prejudice.  Thus, Galbraith could file a lawsuit after August 15, 2009, if the facility was not complying with the terms of the Act.

2010 La. App. Unpub. LEXIS 277 (Court of Appeal of Louisiana, First Circuit 2010).