The family of Allan Marshall, who died after being restrained by staff at Saughton Prison Edinburgh, are to sue the Scottish Prison Service over his death, it has been revealed.
Relatives of Mr Marshall, who died of a brain injury following a cardiac arrest at the age of 30, are also to bring compensation cases against both Police Scotland and the Lord Advocate.
A post mortem found he had a pre-existing heart condition, but a fatal accident inquiry headed by Sheriff Gordon Liddle concluded the restraint had contributed to his death.
READ MORE: Public inquiry to be launched into death of Fife man after restraint by police officers
Mr Marshall, who ran a recycling business, was on remand in relation to a breach of the peace charge and as a result of unpaid fines. However on March 28th 2015, after being segregated by officers, he was restrained in an incident captured on prison CCTV footage which was leaked to the Sunday Mail.
This appeared to show him being dragged naked by across a cell floor by prison staff who also used their feet to restrain him.
Following an investigation, the Crown Office decided not to bring criminal proceedings against those involved.
But in his FAI report on the incident Sheriff Gordon Liddle criticised SPS officers and described Mr Marshall's death as "entirely preventable," adding that he had found the evidence of officers involved as "mutually and consistently dishonest."
Yesterday, the newspaper reported that the legal claims follow a review of the case by an unnamed human rights expert.
As well as a civil action against the SPS over alleged failings in its duty of care to Mr Marshall, his relatives - including his brothers Alistair and Jamie, and his aunt Sharon MacFadyen – are understood to be pursuing a claim against Police Scotland, who they believe failed to carry out an adequate investigation into the circumstances of his death, and the Lord Advocate, in relation to the decision by the Crown Office to protect prison staff from prosecution.
READ MORE: Sheku Bayoh custody death officers are to retire because of ill health
The family's lawyer Jelina Berlow Rahman said: "Sheriff Liddle's report and recommendations found Allan Marshall's death entirely preventable and that the system was defective in that it placed responsibility in the hands of prison officers to make decisions that they were not capable of or equipped to make.
"Police Scotland and the Crown Office and procurator Fiscal Service were partly responsible for the investigation of the death.
"It was the Lord Advocate who granted immunity and this, arguably, was a further deficiency in the investigation."
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereLast Updated:
Report this comment Cancel