SPSThe family of an inmate who died in custody after being restrained by up to 17 prison officers is suing the Scottish Prison Service, police and the Crown Office.
Allan Marshall, from Lanarkshire, died in 2015 after being restrained face down by guards at HMP Edinburgh just five days before he was scheduled to be released.
A fatal accident inquiry found the death of the 30-year-old had been “entirely preventable” and described the officers as “mutually dishonest”.
Last year, Police Scotland was told to investigate the Scottish Prison Service (SPS) for corporate homicide.
On Wednesday, Marshall’s family announced they would launch legal action under human rights laws for a breach of his right to life.
The not-for-profit law firm JustRight Scotland, which is representing Marshall’s family, said the case could be the first of its kind in Scotland.
It said the action was “one of the only remaining routes to securing accountability” from authorities after the Crown Office gave all officers involved in the incident lifelong immunity.
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Prison service investigated for corporate homicide over custody death
A Crown Office review later concluded that the decision was “incorrect”, according to the BBC’s Disclosure programme.
The legal action is being taken by Marshall’s aunt, Sharon MacFadyen, who is also taking Police Scotland and the Crown Office to court for an alleged breach of their duty to adequately investigate his death and hold those responsible to account.
Ms MacFadyen, who is supported by other family members, including Allan Marshall’s brother Alistair, said: “We’ve been fighting for justice for Allan for nine years.
“Allan was killed in prison when he needed medical support.
“No one has been held responsible for that. The system has failed Allan.
“We hope that through this court case we can finally get accountability.”
At the time of his death, Marshall had been on remand for 30 days before his next court appearance over unpaid fines and a breach of the peace charge.
On March 24, he was put inside the prison’s segregation unit after officers said he had become agitated.
He was later put in the shower. It’s not known what happened immediately after but CCTV footage, which the prison service had tried to stop being broadcast, showed him being dragged into the corridor and restrained face down by 13 officers.
Marshall died four days later.
Barbara Bolton, legal director and partner at JustRight Scotland, said: “This case highlights the urgent need for transparency in deaths that occur in State custody.
“Research shows a troubling rise in these deaths, reflecting preventable issues within the prison system. Human rights law, particularly Article 2 of the European Convention on Human Rights, mandates that the State protects the right to life.
“Thorough investigation and holding those responsible to account are essential for delivering justice to families and addressing critical issues within the prison system.”
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: “We have received instruction from the Lord Advocate to investigate possible corporate responsibility by the Scottish Prison Service.
“We are not able to comment further at this time due to the live nature of this investigation.”
A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) 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.”
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