Judge Rebukes "Noisy" Prison For Waking Up Inmate
Posted: Thu Jul 29, 2004 6:52 am
Judge Rebukes \"Noisy\" Prison For Waking Up Killer Inmate
Article By Janice Tibbetts
Ottawa (Canada)-
A federal prison breached a duty of care to a killer when guards routinely woke him during their hourly night rounds, a judge has ruled.
\"An inmate should have the right to a restful night\'s sleep without being unnecessarily wakened,\" said Federal Court Judge James Hugessen. \"Prison authorities owe a duty to take reasonable care for the health and safety of the inmate while in custody.\"
David Wild, serving a life sentence for second-degree murder, contends he suffered emotional distress, dizziness and neurological damage at Mission Medium Security Institution in the Fraser Valley because the \"inhuman\" head count policy caused him to lose a full night\'s sleep 509 times over five years.
Wild worked for a Vancouver architectural firm before he was convicted in 1989 for the second-degree murder of his lover, Eleanor Jacobsen.
Heguessen, while ruling Wild was unfairly treated by guards, rejected his claim for $3.1 million in compensation, finding no connection between Wild\'s sleepless nights and his lengthy list of maladies.
But the ruling questions a federal prison policy of checking prison cells through the night-a policy the Correctional Service of Canada argued in a court submission needed \"to ensure that inmates are safe, that the prison community is safe, that the employees are safe and that communities in British Columbia are safe.\"
The Correctional Service of Canada asserted that the policy does not violate Wild\'s rights because he \"is not afforded the same privacy and integrity expectations as a person living outside an institution.\"
Hegessen\'s recent ruling followed a four-day court hearing earlier this year that went ahead after the judge rejected the federal government\'s efforts to have the case thrown out of court because it had no merit.
In a Federal Court claim, Wild accused prison guards of acting \"thoughtlessly and carelessly\" by rattling door knobs, stomping down stairs, turning on lights and talking loudly on walkie-talkies in the middle of the night.
Hugessen, while finding that night rounds are \"fully justified and desirable in an institutional setting to ensure public safety and the safety of the inmates,\" ruled that the guards at Mission were so noisy their behaviour amounted to misconduct. Hugessen noted the rounds were tamed down after Wild filed his suit in 2002.
Despite rejecting Wild\'s compensation claim, the judge ordered the federal government to pay his legal fees since he established that the prison breached its duty-which Hugesen said was a \"significant aspect\" of the litigation.
~~~~
What ticks me off about this article & ruling? The amount of tax dollars wasted on what appears to me to be nothing more than an attempt to make a lot of money. The man was found guilty of murder. He lost his rights when the trial judge said guilty.
Article By Janice Tibbetts
Ottawa (Canada)-
A federal prison breached a duty of care to a killer when guards routinely woke him during their hourly night rounds, a judge has ruled.
\"An inmate should have the right to a restful night\'s sleep without being unnecessarily wakened,\" said Federal Court Judge James Hugessen. \"Prison authorities owe a duty to take reasonable care for the health and safety of the inmate while in custody.\"
David Wild, serving a life sentence for second-degree murder, contends he suffered emotional distress, dizziness and neurological damage at Mission Medium Security Institution in the Fraser Valley because the \"inhuman\" head count policy caused him to lose a full night\'s sleep 509 times over five years.
Wild worked for a Vancouver architectural firm before he was convicted in 1989 for the second-degree murder of his lover, Eleanor Jacobsen.
Heguessen, while ruling Wild was unfairly treated by guards, rejected his claim for $3.1 million in compensation, finding no connection between Wild\'s sleepless nights and his lengthy list of maladies.
But the ruling questions a federal prison policy of checking prison cells through the night-a policy the Correctional Service of Canada argued in a court submission needed \"to ensure that inmates are safe, that the prison community is safe, that the employees are safe and that communities in British Columbia are safe.\"
The Correctional Service of Canada asserted that the policy does not violate Wild\'s rights because he \"is not afforded the same privacy and integrity expectations as a person living outside an institution.\"
Hegessen\'s recent ruling followed a four-day court hearing earlier this year that went ahead after the judge rejected the federal government\'s efforts to have the case thrown out of court because it had no merit.
In a Federal Court claim, Wild accused prison guards of acting \"thoughtlessly and carelessly\" by rattling door knobs, stomping down stairs, turning on lights and talking loudly on walkie-talkies in the middle of the night.
Hugessen, while finding that night rounds are \"fully justified and desirable in an institutional setting to ensure public safety and the safety of the inmates,\" ruled that the guards at Mission were so noisy their behaviour amounted to misconduct. Hugessen noted the rounds were tamed down after Wild filed his suit in 2002.
Despite rejecting Wild\'s compensation claim, the judge ordered the federal government to pay his legal fees since he established that the prison breached its duty-which Hugesen said was a \"significant aspect\" of the litigation.
~~~~
What ticks me off about this article & ruling? The amount of tax dollars wasted on what appears to me to be nothing more than an attempt to make a lot of money. The man was found guilty of murder. He lost his rights when the trial judge said guilty.