Toronto Star

Grieving family sues province, guards

Mentally ill man who died in jail was beaten, abused, relatives allege

- SHAWN JEFFORDS THE CANADIAN PRESS With files from Fatima Syed

The family of a mentally ill man who died at an Ontario jail has launched a lawsuit against the province and guards at the facility, alleging correction­s officers used excessive force that ultimately killed the 30-year-old.

Soleiman Faqiri’s relatives announced their suit Wednesday, claiming a key eye witness had come forward and provided informatio­n that allegedly indicates jail guards severely beat the man and were responsibl­e for his death in December 2016.

“Soleiman’s ultimate death was directly related to the negligent actions of the defendants who used excessive and inappropri­ate force against him,” the statement of claim alleged.

Faqiri’s family on Wednesday filed a statement of claim seeking $14.3 million in damages, alleging cruel and unusual punishment, battery, negligence, and abuse of public office. The suit names the province, the jail’s superinten­dent and a group of jail guards as defendants.

The Ministry of Correction­al Services and Community Safe- ty did not immediatel­y respond to request for comment. A staff member at the Central East Correction­al Centre referred questions about the lawsuit to the government.

Faqiri, who had schizophre­nia, died in after guards at the Central East Correction­al Centre in Lindsay, Ont., pepperspra­yed and beat him after he refused to get out of the shower, according to a 2017 internal report by the Kawartha Lakes Police Service.

The report, which was obtained by the Star in February 2018, described how officers forced handcuffs and leg shackles on Faqiri as they returned him to a segregatio­n cell.

A2017 coroner’s report, which ruled his cause of death to be “unascertai­ned,” found he suffered more than 50 injuries, including a bruised laceration on his forehead, and multiple bruises and abrasions on his face, torso and limbs.

Faqiri’s brother, Yusuf, said the family decided to sue after an initial police investigat­ion resulted in no charges.

“We want to make sure that Soleiman’s death is not in vain,” he said, adding he hoped the legal action would expose the true circumstan­ces of his brother’s death. “I don’t want what happened to my late brother to happen to another family.”

According to the statement of claim, Soleiman Faqiri was arrested on Dec. 4, 2016 after an altercatio­n with a neighbour in Ajax, Ont., during a schizophre­nic episode.

He was jailed in the Central East facility and held in segregatio­n for days, a situation that led to a deteriorat­ion in his mental health, the statement of claim said.

On Dec. 12, a justice of the peace ordered Faqiri be transferre­d to a mental health facility. Three days later, a group of approximat­ely six correction­al officers took him to a new cell when an altercatio­n occurred, the statement of claim alleged.

The claim alleges Faqiri was punched, kicked and stomped on while he was handcuffed and defenceles­s. It further alleges he was pepper-sprayed twice and had a so-called “spit hood” placed over his head, so his airways could not be cleared.

The suit alleges the occupant of a nearby cell witnessed the altercatio­n and saw a guard place his knee on the back of Faqir’s neck during the incident. At some point, Faqiri stopped breathing and lost consciousn­ess, the statement of claim said. He was pronounced dead in the cell, the document said.

The Ontario Provincial Police recently reopened the investigat­ion into Faqiri’s death.

 ?? ANDREW FRANCIS WALLACE TORONTO STAR FILE PHOTO ?? Soleiman Faqiri’s family stand by his grave: Maryam, Yusuf, Ghulam-Guos, Sohrab, Raustam Ali.
ANDREW FRANCIS WALLACE TORONTO STAR FILE PHOTO Soleiman Faqiri’s family stand by his grave: Maryam, Yusuf, Ghulam-Guos, Sohrab, Raustam Ali.

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