Toronto Star

Fired jail guards countersue province

Claim says ministry refusing to protect defendants in suit filed by family of deceased inmate

- MAY WARREN STAFF REPORTER

Two of the three guards who were fired in the wake of the 2016 death of inmate Soleiman Faqiri in a segregatio­n cell at a Lindsay, Ont., superjail are countersui­ng the province, saying it’s “deliberate­ly and maliciousl­y” refusing to defend them in a lawsuit filed by the mentally ill man’s family.

The third unionized guard who was fired has since been reinstated, according to the statement of defence and cross claim filed this fall, a copy of which was provided to the Star.

“The ministry’s refusal to protect and defend its managers is at all times intended to deflect blame from themselves and scapegoat the defendants,” the counter claim says.

They also contend that, if there was any negligence, which they deny, it was the fault of the province for not providing adequate training and staff.

The guards’ lawyer, Andrew Camman, declined to comment by deadline.

The family filed a $14.3-million lawsuit last January against the province for “excessive force.”

The lawsuit names the Ontario Ministry of Community Safety and Correction­al Services, the superinten­dent of the Central East Correction­al Centre and several individual correction­al staff members.

Its claims include that Faqiri’s charter rights were breached, that there was battery amounting to “intentiona­l” physical harm, negligence, abuse of public office, false imprisonme­nt, a breach of duty of care and the inflicting of psychiatri­c damage.

Thirty-year-old Faqiri was arrested in December 2016 for charges of assault,

 ??  ?? Soleiman Faqiri died following a confrontat­ion with guards at a superjail in Lindsay, Ont., in 2016.
Soleiman Faqiri died following a confrontat­ion with guards at a superjail in Lindsay, Ont., in 2016.

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