Savickis -v- Governor of Castlerea Prison & ors [2016] IECA 310 (27 October 2016)

Savickis -v- Governor of Castlerea Prison & ors [2016] IECA 310 (27 October 2016)

The plaintiff was assaulted by a prison officer while under restraint, constituting excessive and unjustified force and a breach of constitutional rights. Contributory negligence does not apply to the assault claim on these facts. The plaintiff is entitled to compensatory and exemplary damages for the assault and breach of constitutional rights. The use of C & R techniques was negligent due to inadequate training, but the plaintiff's refusal to obey a lawful order justifies a 50% reduction for contributory negligence on the negligence claim. The transfer of the plaintiff while naked did not breach his rights given his refusal to accept covering and the steps taken by officers to protect...

Citation
[2016] IECA 310
Parties
Plaintiff/appellant: Darius Savickis; Defendant/respondent: Governor of Castlerea Prison; Defendant/respondent: Minister for Justice and Equality; Defendant/respondent: The Irish Prison Service; Defendant/respondent: Ireland; Defendant/respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
27 October 2016
Procedural Posture
Civil Appeal / Appeal From High Court Jury Verdict to Court of Appeal
Outcome
Appeal allowed in part; jury's findings on contributory negligence for assault set aside; damages increased.
Legal Topics
Assault by State Agents, Negligence in Prison Context, Breach of Constitutional Rights, Contributory Negligence, Exemplary Damages, Prisoner Dignity, Use of Force by Prison Officers
Tort Law Constitutional Law Prison Law Assault by State Agents Negligence in Prison Context Breach of Constitutional Rights Contributory Negligence Exemplary Damages +2 more

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Parties

Darius Savickis

Plaintiff/appellant

Governor of Castlerea Prison

Defendant/respondent

Minister for Justice and Equality

Defendant/respondent

The Irish Prison Service

Defendant/respondent

Ireland

Defendant/respondent

The Attorney General

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Jury Verdict to Court of Appeal

Legal Issues

  1. 1 Whether the plaintiff was assaulted by prison officers
  2. 2 Whether the force used was excessive and disproportionate
  3. 3 Whether contributory negligence applies to intentional torts such as assault

Ratio Decidendi

The plaintiff was assaulted by a prison officer while under restraint, constituting excessive and unjustified force and a breach of constitutional rights. Contributory negligence does not apply to the assault claim on these facts. The plaintiff is entitled to compensatory and exemplary damages for the assault and breach of constitutional rights. The use of C & R techniques was negligent due to inadequate training, but the plaintiff's refusal to obey a lawful order justifies a 50% reduction for contributory negligence on the negligence claim. The transfer of the plaintiff while naked did not breach his rights given his refusal to accept covering and the steps taken by officers to protect...

Court Disposition

Appeal allowed in part; jury's findings on contributory negligence for assault set aside; damages increased.

Orders

  • Award of €10,000 in compensatory damages for assault with no reduction for contributory negligence.
  • Award of €5,000 in exemplary damages for breach of constitutional rights.