Correctional Misconduct & Negligence Lawyers in Toronto

In a democratic society such as ours, no one is above the law.

Correctional officers, prison personnel, and justice officials must uphold the law in the course of their work; but they also must abide by the same laws. Thankfully, this generally happens. However, there are times when prison personnel or branches of the justice and correctional systems act in ways that are contrary to the law and cause undue harm to people in their care.

If you or a loved one has suffered serious harm and significant damages from a miscarriage of justice, use of unreasonable and excessive force, or a failure of correctional officers to protect a person in their custody from harm and wrongful death, you may be able to pursue a claim for compensation. A correctional misconduct and negligence lawyer at Howie, Sacks & Henry LLP can explain your legal rights and options and help you take action.

Laws and Tort Claims

International covenants, Canadian constitutional and statutory laws, and common law torts all offer protection to people from unlawful harm caused by correctional officers, prison personnel, and the justice system itself.

While correctional officers are granted some latitude when exercising their official duties, they must abide by reasonable standards. There are legal remedies available to people whose rights have been violated or to the public as a whole, including compensation or the pursuit of criminal charges against an individual. However, there are some barriers which may limit compensation or prevent a civil claim for damages from being actionable.

To advance a civil lawsuit against a correctional officer or an institution, generally a person must demonstrate their rights were violated and/or they suffered harm or a loss from the unlawful actions of another person who owed them a duty of care.

In certain cases, the actions or inaction that caused or contributed to the damage a plaintiff sustained may be deemed reasonable or justifiable by a court. In these cases, even if harm occurred, a defendant would not be held liable for their role in causing the harm.

In other cases, if the courts find the intentional or negligent actions or inaction of a correctional officer or institution violated a person’s rights or breached a standard of care owed to them, they may be found liable and ordered to pay:

pecuniary damages (calculable damages for things such as lost income, medical and rehabilitative expenses, or property damage, etc.)
non-pecuniary damages (damages for pain and suffering, loss of companionship, and loss of guidance which is not quantifiable in monetary terms)
punitive damages (damages designed to punish intentional misconduct or grossly negligent actions/inaction)

What Are Some Examples Of Correctional Misconduct and Negligence?

Malicious Prosecution and Negligent Investigations

In limited circumstances where it can be shown that a prosecution was pursued for malicious purposes, or the police investigation was negligent a person wrongfully convicted of a crime may be able to pursue a civil lawsuit.

In Canada it is difficult to show that the Crown pursued a prosecution out of malice and the police need only show that there were reasonable and probable grounds to effect an arrest. However, if a person is wrongfully convicted and spends time in jail compensation is available in some cases.

In cases where a person is ineligible for compensation for wrongful arrest, wrongful conviction, or false imprisonment, making a civil claim for damages using the common law tort of negligent police investigation may be a viable way to access compensation.

In tort claims, a plaintiff must establish they are owed a duty of care based on proximity and foreseeability, that a reasonable standard of care was breached intentionally or through negligence, and that this breach caused compensable harm or damage.

The Supreme Court of Canada [2007 SCC 41] has affirmed that police officers owe a duty of care to suspects, and when conducting an investigation into a potential crime that puts a person’s freedom and reputation at stake, they must take care when exercising their authority.

Recent case law involving the tort of negligent police investigation indicates that plaintiffs have had success “when investigations have included relatively benign activity such as a simple mistake up to and including the characterization of police activity as ‘arbitrary, highly reprehensible and high-handed.’ On the whole however, a good many cases with a finding of negligence are a function of ‘tunnel vision,’” and unreasonably ignoring exculpatory evidence.

Use of excessive force/assault

Correctional officers are entitled to use reasonable force in all circumstances to ensure a safe environment inside a jail or prison. However, the use of force and amount of force necessary depends greatly on the situation and it must be justified as being objectively reasonable.

In jails or prison environments, prison guards must sometimes use force to stop fights, quell violence, or defend themselves. Unprovoked assaults by guards or unreasonably excessive force causing bodily harm are not allowed. In these cases, video surveillance footage can often be used to corroborate an injured person’s testimony and injuries.

Failure to protect an inmate from assault

Violent assaults within prison populations are not rare. Fights can break out for a variety of reasons and a prisoner can suffer bodily injury or other harm in a matter of moments if another inmate (or inmates) attacks them.

Corrections officers and prison guards are not held to a standard of perfection, and it would be unreasonable to expect them to be able to prevent every assault from taking place or to intervene within a matter of moments when managing many inmates. However, they are expected to take precautions to minimize the potential for harm they can reasonably anticipate.

For example, if prison guards knew that inmates belonged to rival gangs and failed to take reasonable steps to prevent these inmates from situations where there could be close contact, they may have breached the standard of care owed.

Failure to provide medical treatment

While in custody or imprisoned, a person must have reasonable access to medical treatment. This includes appropriate management of known medical conditions, timely access to care for emerging medical issues, and routine check-ups to maintain their health and monitor for unknown conditions.

Corrections officers, or police officers are not expected to diagnose medical issues or have medical knowledge comparable to medical professionals, but they must act reasonably given the circumstances. They must also acknowledge that a person in their custody does not necessarily have the ability or freedom to access medical care on their own without the officer’s intervention.

Coroner’s inquests for deaths linked to police involvement or in jail

If a person dies or is killed while police are actively engaged at a crime scene, or while the person is in custody or imprisoned, it is very important to rule out potential law enforcement misconduct or negligence in their deaths.

In some cases, these deaths have no connection to actions or inaction by law enforcement. In other cases, the deaths may be linked to law enforcement activities, but the actions taken by law enforcement are found to have been reasonable and justified given the circumstances.

However, there are times when a corrections officer, police officers or prison guards breach reasonable standards of care and intentionally or negligently cause or contribute to the death of a suspect or prisoner. In these cases, a coroner’s inquest can establish facts for use in a criminal case against the offending law enforcement officer and/or a civil lawsuit.

Serious administrative errors

While rare, serious administrative errors in the judicial system can have significant consequences for suspects or inmates. For example, sentencing errors or mistakes involving release can mean a person will spend more time imprisoned than appropriate.

How HSH can help

Correctional officers, prison personnel and law enforcement officials have difficult jobs, and sometimes mistakes happen. But we must be able to trust our justice system and know that people are held accountable when misconduct or negligence harms people entrusted to its care.

If you or a loved one has been seriously injured by the actions or actions or inactions of prison personnel, justice officials, or correctional officers, an HSH correctional negligence and misconduct lawyer is here to help in any way we can. Although nothing can take away the harm already done, having a trusted advocate on your side and by your side as you seek compensation can give you much-needed hope for the future. And at HSH, Hope Starts Here.