The court upheld the Arkansas Department of Correction’s policy banning smoking in the visitation area of a prison during visiting hours.  The court ruled that the inmate’s complaint challenging the policy as a violation of his constitutional rights “is nothing more than a claim of infringement of a legal interest that does not exist,” and held that there “is no constitutional right to smoke in prison.”

903 F.2d 1206 (8th Cir. 1990).