Allan Marshall died after being restrained face down by prison officers at HMP Edinburgh.
The family of a man who died after being restrained by up to 17 prison officers is suing the Scottish Prison Service, the Crown Office and Scottish ministers over his death.In what is thought to be one of the first cases of its kind in Scotland, his family has now raised a civil court action under human rights laws for a breach of his right to life.
Officers said he had become agitated, but rather than calling for medical assistance, they moved him to the segregation unit and physically restrained him, holding him face down.At various times it involved 17 prison officers with some of them using their feet, which is not a technique that is taught for use when restraining inmates.
The Crown Office - Scotland's prosecution service - granted full immunity to all prison officers at HMP Edinburgh, ruling out any prosecution.had said the decision to give immunity had been "incorrect". Her lawyers said that the Crown’s decision to grant immunity to the prison officers meant this was now one of the only remaining routes to securing accountability.
Barbara Bolton, legal director of JustRight Scotland who is working on the case, said: “This case highlights the urgent need for transparency in deaths that occur in State custody.
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