Ten corrections officers initially accused of killing an inmate have filed a lawsuit against the Newfoundland and Labrador government, the Royal Newfoundland Constabulary and the chief medical examiner, alleging a flawed investigation caused undue harm to their mental health , reputation and finances.
All guards were present when inmate Jonathan Henoche died in a segregation unit at Her Majesty’s Penitentiary in 2019.
Three of the guards were initially charged with manslaughter and seven charged with negligence causing death. The last of those charges was dismissed earlier this year.
The 10 guards, who filed a joint statement last month in provincial Supreme Court, allege police botched their investigation into the man’s death and that prosecutors wrongly charged them.
Attorneys Lynn Moore, Les Thistle, Stephen Orr and Ken Mahoney wrote that their clients are seeking a yet-to-be-determined amount for damages related to the charges.
They say the guards have suffered mental pain, anguish and suffering and loss of enjoyment of life, loss of reputation and a “feeling of betrayal at having been subjected to malicious prosecution, negligent investigation … and defamation”.
The claim also took aim at the Royal Newfoundland Constabulary, which investigated the guards, suggesting the police force failed to investigate corrections officers’ use-of-force training to determine whether they had committed a crime while detaining Henoche, who died of heart failure. shortly after a physical altercation with the guards.
He also argues that police should also not have relied on a re-enactment by chief medical examiner Nebojsa Denic and should have obtained an expert opinion on the use of force.
The Director of Public Prosecutions is also accused of proceeding with charges despite failing to ensure a reasonable prospect of conviction and advise the RNC before filing charges, which the suit claims “raises the prospect of tunnel vision.” .
Several allegations were also used against Denic, who is also named as a defendant in the lawsuit and who performed the autopsy on Henoche.
The claim says Denic didn’t peer-review his work, “became an advocate for the police and prosecutors,” didn’t do enough testing to reveal Henoche’s heart problem and didn’t review medical records of Henoch, among other allegations.
Henoche’s family is also in the midst of a lawsuit against the provincial government that claims the 33-year-old inmate was improperly cared for while at HMP.
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