Father of Seamus Flynn sues N.L. government over death of son jailed at HMP

The father of Seamus Flynn has sued the Newfoundland and Labrador government, alleging that his son "died from complications arising from being subjected to inhumane conditions and brutal assaults by facility staff" at Her Majesty's Penitentiary in St. John's.

Jerome Flynn wants the province to pay damages and costs including the costs of his son's funeral.

The lawsuit was filed at Newfoundland and Labrador Supreme Court last month.

The claims have not been tested in court.

As of Friday morning, the government had yet to file a statement of defence.

In an email to CBC News, the Department of Justice said it would be inappropriate to comment, as thecase is currently before the courts.

'Routine assaults and brutal conditions'

Seamus Flynn struggled with drug addiction, and was in HMP after pleading guilty to a number of charges, including theft and weapons offences.

"As a human being, if you step outside his transgressions, Seamus Flynn was kind, gentle and loving," his father Jerome told CBC News in an interview.

The lawsuit contends that the province owed a duty of care to Seamus Flynn "to keep him from harm, cruel punishment and also provide adequate medical care."

It alleges that the province breached the standard of care owed to him in a number of ways.

The court filings say Flynn was subjected to "routine assaults and brutal conditions which made the facility uninhabitable."

Additionally, the statement of claim alleges that medical care for Flynn was withdrawn or delayed, despite Flynn making several complaints of "ill health."

And correctional officials are accused of failing to monitor Flynn on a routine basis, as dictated by internal rules, policies and guidelines.

The court filings allege that those breaches of the standard of care "resulted in the death" of Flynn.

Jerome Flynn told CBC News that people like his son are supposed to be protected in prison.

"I want accountability for Seamus's death and I want to do everything that's within the law's limits to make sure it doesn't happen to someone else," he said.

"I mean, you don't let people die that you're supposed to protect."

Seamus Flynn filed complaint alleging prison assault

Seamus Flynn died after being taken to the hospital from HMP on Dec. 2.

Less than two weeks before that, Flynn had called CBC News to say that he and other inmates had been beaten unnecessarily by prison guards in October.

Flynn said at the time that his vision and hearing still weren't back to normal, and he had filed a complaint with the citizens' representative about what happened.

Justice department officials said in early December that HMP had been locked down on Oct. 11 due to "a disturbance," and noted that "the situation was handled appropriately."

• Weeks before he died, Seamus Flynn made formal complaint about alleged prison assault

After Flynn's death, other inmates told CBC News that an influenza-like illness had been spreading throughout the prison.

They also raised other health and safety concerns about the facility from a rampant rat infestation to the presence of black mould.

• HMP inmates call for full investigation into death of Seamus Flynn

In February, Flynn's mother told CBC News that she had received details about her son's death from the province's chief medical examiner.

Cindy Flynn said she was told that Seamus had viral influenza which turned into a bacterial infection. He was also suffering from severe pneumonia and became septic.

She wanted to know who ultimately made the decision not to send her son to hospital sooner.

• Seamus Flynn was seriously ill in prison before his 'sudden' death. His mother wants answers

The Royal Newfoundland Constabulary announced in December that it had launched an investigation into the circumstances leading to Seamus Flynn's death.

On Friday, the RNC told CBC News that the investigation had concluded. No charges were laid.

Replacement of aging facility repeatedly delayed

Parts of Her Majesty's Penitentiary were built in the mid-1800s.

There have been repeated announcements over the years that the aging jail will be replaced.

But there have been repeated delays in actually moving forward with work to accomplish that.

• N.L. proceeds with HMP replacement after accepting sole applicant
• N.L. to spend $15M over next 2 years on HMP upgrades

Conditions inside the prison have been a focal point of controversy for the province's criminal justice system in recent years.

Judges have knocked time off sentences because of the "harsh conditions."

Last month, the defence lawyer in a manslaughter case said "hellhole" conditions at HMP should factor into his client's sentencing.

An inmate recently told CBC News that he awoke to find that a rat had given birth in the crotch of his pants and he wasn't actually surprised that had happened.

Internal reports from staff have warned that extreme heat was so bad inside the prison that inmates were at the point of rioting.

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