An man addicted to cigarettes is seeking compensation after a prison officer denied him tobacco for a week as punishment for bad behaviour.

Jack Richard Foster, a prisoner at HMP High Down, in the border of Banstead and Sutton, decided to take action after a prison officer he swore at decided to discipline him by not allowing him to smoke.

His lawyers claimed today (Tuesday, March 23) at High Court that his human rights were violated and he should have been given nicotine patches or gum to satisfy his cravings during the ban.

The court was told Foster was denied tobacco and earnings for seven days, and had his canteen privileges removed for 14 days in February 2008 when he was 19 years old and a young offender at the jail.

Philip Rule, representing Foster, said the punishment was in violation of his rights under the 1998 Human Rights Act.

Foster intends to claim damages under the European Convention on Human Rights if the case succeeds, the court heard.

A spokesman for the Ministry of Justice said: “We cannot comment on ongoing investigations.”

The case has been adjourned and a date for a new hearing is yet to be set.