Lemay, et al. v. Dubois, et al.

Smoking inmates sued, seeking an injunction against implementation of the new policy.  The Court (Fremont-Smith, J.) denied the Plaintiffs’ motion for summary judgment and allowed the Defendants’ motion for summary judgment.  The Court ruled that “where the prison prohibition and/or restriction on the use and purchase of tobacco products was instituted following and as a result of the settlement agreement, the plaintiffs have not proven that the regulation was promulgated to punish rather than to further a legitimate government objective.”

(Suffolk Civil Action No. 96-5153-A 1997).