Province denies blame for jail beating death

WINNIPEG — Provincial officials are denying the government and the Brandon Correctional Centre were negligent in the lead-up to a brutal, fatal beating of an inmate by other prisoners last September.

Collin Kempthorne, 44, was attacked by other inmates in the Brandon Correctional Centre at about 10 p.m. on Sept. 26, 2024. 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.

His family filed a lawsuit in the Court of King’s Bench in July over his death, naming the correctional centre, the provincial government and the attorney general, as well as the three inmates charged in Kempthorne’s death, as defendants.

The court papers claim jail staff were negligent and contributed to Kempthorne’s death and that provincial officials are liable for what corrections workers did or did not do.

But in a statement of defence filed earlier this month on behalf of the government and the jail, provincial officials deny any negligence, instead arguing corrections staff appropriately followed policies and procedures and responded to the attack responsibly.

The defence court filing argues a judge should toss out the lawsuit and grant the government court costs.

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 brought back into custody two days later after allegedly breaching his release order, other breaches and reportedly escaping lawful custody.

The family’s claim alleged 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.

But provincial officials said Kempthrone was placed in a general population unit, not a gang unit.

The defence court papers further claim that corrections staff did not believe any of the attackers to be members or associates of gangs.

Inmates Jarrod Lloyd Paul and Matthew Reddaway are 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.

In the recent defence filing, the province said Kempthorne was playing cards when Reddaway came up to have a conversation with him.

Burrows then approached and pushed and struck Kempthorne, before Paul approached and threw him to the ground, stomping and kicking his head for about 12 seconds, the defence court papers claim.

Reddaway then followed up with two additional kicks, the government alleges.

“The attack on Collin occurred quickly and without warning,” the defence filing says.

“Corrections’ staff immediately responded to the assault, including by calling the appropriate code, entering and taking control of (the unit), attending to and assessing Collin and transporting him for emergency medical treatment.”

The province admitted the assailants had histories of violence, but said those convictions did not disqualify them from being placed in the same general population unit as Kempthorne.

“Manitoba says that it has appropriate policies and procedures in place for the assessment of security risks and the placement of persons in various units,” the government’s court filing says.

“In addition, it has appropriate policies and procedures in place to deal with monitoring inmates and to deal with altercations between inmates and other emergency situations.”

The province said in its filing that those procedures were followed when staff placed Kempthorne and the assailants in the general population unit.

“These decisions were reasonable and not in breach of any duty of care,” argues the filing.

The government has also denied the lawsuit’s claims that Kempthorne’s charter rights were breached.

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.

Kempthorne’s parents have raised questions with Justice Minister Matt Wiebe over his death, writing the minister a letter earlier this year, which Brandon West MLA and Opposition justice critic Wayne Balcaen tabled at the legislature in the spring.

» Winnipeg Free Press