Lawsuit claims correctional officers abused former inmate
EDMONTON A former inmate claims he suffered a cycle of abuse while incarcerated in federal and provincial correctional facilities across Alberta, including having pepper spray unleashed into his rectum by correctional officers at the Edmonton Remand Centre, according to a lawsuit.
Gavin Annett, who was serving time on drug charges, is seeking $1 million in damages from the federal and provincial governments, Alberta Health Services, and several correctional staff members and managers.
Annett’s alleged treatment served no “genuine public safety or other lawful purpose,” a statement of claim filed in Edmonton Tuesday says, “but rather (was) intended to humiliate and punish Annett.”
The defendants, including two federal and five provincial correctional officers, have between 20 days and one month to respond to the allegations.
Annett was arrested with two other men in 2012 after police investigators seized about $1 million worth of cocaine, meth and Oxycodone from homes in Edmonton and Strathcona County. He was sentenced in November 2015 to three years behind bars.
He was sent to the medium-security Drumheller Institution. About a month later, he was charged with trafficking drugs in the institution. Annett’s lawsuit alleges the drugs were planted in a salad container that came with his meal tray, which he tried to refuse. The charges were later stayed.
Annett was soon transferred to the Edmonton Remand Centre for a court appearance. Because of the internal drug charge, he was then relocated to the maximum-security Edmonton Institution, where he alleges his treatment worsened.
In March 2016, following a vicious assault by inmates against a Hells Angels member in the prison gym, Annett’s official gang affiliation was changed from “no affiliation” to “Hells Angels active associate.” The lawsuit claims staff did this deliberately to put him at risk.
Throughout his stay at Edmonton Institution, the statement of claim alleges, correctional officers forced Annett to fight other inmates. The lawsuit claims that in late August or early September 2016, Annett was forced to stab another inmate, which he did “in fear for his life.” Annett was never charged in the case.
Within weeks, while Annett was working as a cleaner in the prison’s segregation unit, guards allegedly opened the cell door of an inmate armed with a shank and a container of feces in an attempt to start a fight, states the lawsuit. Annett claims he beat the man with the broken broom stick until he retreated to his cell but then correctional officers hog-tied and pepper sprayed him.
Annett claims that on Oct. 18, 2016, he was assaulted with an edged weapon by three inmates who were open with staff about their intent to harm him. Annett’s suit claims one of the inmates involved was later charged with assault.
Annett was moved between correctional facilities several more times in 2017, eventually ending up back in the Edmonton Remand Centre. The lawsuit alleges that on Dec. 17, 2017, he was assaulted by a group of correctional officers in response to a series of written complaints.
The statement of claim alleges guards at that time stripped him naked while he was prone in his cell before one of them said “give him the G-string” and pepper spray was shot up his rectum.
After the incident, a small amount of drugs were allegedly found in Annett’s cell and he was again charged with trafficking. However, that charge was withdrawn on July 23, 2018, according to the lawsuit.
The claim also alleges Annett did not have adequate access to medical care during his time in the correctional system, and that he was arbitrarily placed in segregation in violation of his Charter rights.
Annett, now out on parole, suffers from post-traumatic stress disorder, anxiety and depression, the lawsuit states.
Statements of claim contain allegations that have not been proven in court.