A family is suing the Scottish prison and prosecution services and Government ministers over his death after he died while being restrained by prison officers. 

Allan Marshall was 30 when he died at HMP Edinburgh in 2015 after a lengthy struggle with up to 17 prison officers, just a few days before he was due to be released.

Mr Marshall suffered a cardiac arrest during the struggle, and died four days later.

The officers involved were previously given immunity from prosecution at a fatal accident inquiry examining his death.

The inquiry found Mr Marshall’s death was “entirely preventable”.

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His family are now taking legal action against the Scottish Prison Service (SPS), Scottish Government ministers and the Crown Office as a result of his death, BBC Scotland’s Good Morning Scotland programme was told.

The show heard the family has raised a civil court action under human rights laws over Mr Marshall’s right to life.

It is believed to be one of the first cases of its kind in Scotland.

If successful, the family could receive a large payout from all three authorities in question.

Barbara Bolton of JustRight Scotland – a charitable organisation comprised of human rights lawyers – represents the family.

Criminal charges were never brought against anyone involved in Mr Marshall’s death, but Ms Bolton said she hopes the civil case will provide some closure for the family.

Ms Bolton told the programme: “There is no adequate remedy when someone’s life is taken.

“Financial payment is one of the only things our courts can provide for him, so we will be seeking financial payment, but that’s not the priority at all for this family.

“What they really want is official confirmation, some form of responsibility and accountability, finally, for what was done to Allan.”

Mr Marshall’s brother Alistair told the BBC: “We’ve been fighting for justice for Allan for nine years.

“The system has failed Allan.

“We hope that through this court case we can finally get accountability.”

The Crown Office and Procurator Fiscal (COPFS) was unable to provide full comment due to ongoing or potentially ongoing court proceedings.

However, a spokesperson said: “The Lord Advocate instructed that Police Scotland investigate possible corporate responsibility by the Scottish Prison Service.

“COPFS is working closely with the police on this ongoing investigation and the family will continue to be kept updated on significant developments.”

A Scottish Government spokesperson said: “Our thoughts and condolences remain with the family of Allan Marshall.

“It would be inappropriate to comment on a matter that is subject to live court proceedings.”

An SPS spokesperson said: “Our thoughts remain with Mr Marshall’s family. As this is subject to proceedings it would be inappropriate to comment further.”

A Police Scotland spokesperson said: “As this is an ongoing legal case it would be inappropriate to comment.”