Family sues after inmate beaten to death

The family of a man who died after a brutal beating while behind bars last fall is suing the Brandon jail, the province, its attorney general and three inmates, saying the prisoners’ actions — and the failings of officials — caused his death.

Collin Kempthorne, 44, was attacked by other inmates in the Brandon Correctional Centre at about 10 p.m. on Sept. 26. He died of his injuries on Nov. 11, after doctors discovered he had little to no brain activity when he woke from a coma in October.

“The assault was unprovoked by Collin and caused severe bodily harm and brain damage, rendered him into a comatose state, and… disfigured his physical appearance to the point of being unrecognizable,” reads the lawsuit, filed Tuesday in the Court of King’s Bench by his estate and his parents, Joyce Barwick and Darrell Kempthorne.

The court filing names the provincial government and its attorney general, the Brandon jail and the three inmates charged in his death as defendants.

The claim says despite his lack of gang affiliation and little history of violence, Kempthorne was housed in a unit for gang-affiliated inmates or near one, or alternatively, in or near an area with violent inmates.

Kempthorne, who had three daughters, was being held in the jail for allegedly breaching a no-contact order involving his former partner. He was granted bail on Sept. 24, 2024, but was back in custody two days later after allegedly breaching his release order.

Inmates Jarrod Lloyd Paul and Matthew Reddaway were charged with second-degree murder in Kempthorne’s death and are still before the court. Ryan Burrows was charged with manslaughter, but the charge was stayed earlier this year, court records show.

Weeks after Kempthorne died, on Dec. 29, Paul was accused of beating a 23-year-old inmate at the Brandon jail to death. Paul is charged with first-degree murder in that slaying.

At the time of both of the jailhouse killings, Paul was in remand custody at the Brandon jail for stabbing 46-year-old Robert Hall to death outside a Brandon hotel in August 2023. He has since pleaded guilty to manslaughter in Hall’s death and was sentenced to 10 years in prison.

The lawsuit accuses Brandon jail staff of being negligent and contributing to Kempthorne’s wrongful death when they housed him near the three accused inmates, who corrections officers knew had a history of violence and gang affiliations, the filing says.

“The plaintiffs state that (Brandon Correctional Centre)… knew or ought to have known that by placing Collin in or near a gang unit, or in or near an area of BCC with violent inmates, would result in Collin suffering damages,” reads the court filing.

The inmates’ actions constitute assault or battery, the court papers say.

The lawsuit seeks a declaration from the court that the province, the attorney general and the Brandon jail are liable for what jail staff did or did not do, as well as the harms allegedly perpetrated by the other inmates.

The suit also seeks a declaration from the court that Kempthorne’s Charter rights were breached.

The court filing alleges his right to life, liberty and security of the person, the right not to be arbitrarily detained or imprisoned, the right to retain a lawyer without delay, and the right to not be subjected to cruel or unusual treatment or punishment were all breached by the defendants.

The family also filed a notice of constitutional question over the alleged violations of Kempthorne’s rights.

Kempthorne’s record included charges of theft, assault, driving offences and failing to comply with court orders dating back to 2003.

The family’s lawyer, Stephan Thliveris, did not return a call Thursday. The claim is seeking damages to be argued at trial.

Kempthorne’s parents wrote a letter to Justice Minister Matt Wiebe in March, asking for more information about his death, including questions about whether appropriate safeguards were in place to protect him.

Brandon West MLA and Opposition justice critic Wayne Balcaen tabled the letter during question period at the Manitoba legislature in April, raising questions of safety in provincial jails.

» erik.pindera@freepress.mb.ca