Kenny Green sues N.L. government over chapel riot, wants 'decrepit and filthy' HMP shut down

An inmatewho was beaten and stabbed in a targeted jailhouse riot three years agois suing the Newfoundland and Labrador government over the attack, and will ask the court to shut down Her Majesty's Penitentiary.

A statement of claim filed last February alleges the province was negligent in the attack at theprison's chapel in St. John's.

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"We've also allegedthe government has been negligent to allow prisoners to remain in HMP because it's old and decrepit and filthy, and the heat is 40 degrees in the summertime," Lynn Moore, Green's lawyer, said in an interview with CBC News.

"It's really not fit for human habitation and probably not fit for animals, either."

Green was attacked by other inmates on Feb. 9, 2014. He was stabbed with homemade knives, beaten and speared in the head with a church pew.

But the province says it wasn't negligent because Green was notified of the threatin advance, and attended the Sunday service anyway.

In its statement of defence, the province said it also added extra staff that dayalbeit on a different floor than where the riot occurred.

Asking for HMP to close

In the past, the attack has been linked to retribution forthe death of Joey Whalen. Green was convicted of manslaughter in relation to Whalen's deathafter an incident on TessierPlace in St. John's in March 2013.

Video surveillance from the day of the 2014 riot showeddozens of inmates filling into the prison's chapel, where a lone correctional officer was stationed along with members of the Salvation Army clergy.

It's really not fit for human habitation and probably not fit for animals, either.- Lawyer Lynn Moore

Within minutes, an inmate covered the surveillance camera. When the coverslipped off the camera, it revealed a bloody melee.

This fall, Moore will attempt to amend the original lawsuit against the government.

She'll ask "thatthe court order that the prisonclosebecause the prison violates the Charter rights of my client because it failed to provide him with security of the person."

"We're alleging the conditions of the penitentiary are so bad that the rates of assaults in there are higher and the whole system was negligent by allowing the prison to stay as it is," she said.

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Prior to the attack, Green had been kept in solitary confinement also called the special handling unit for months, over concerns forhis safety.

When visitors came, the entire room had to be cleared to avoid an attack, Moore said.

She added it "defies logic" that prison officialswould allow him to attend a service where a specific threat had been made.

"The fact that they knew and allowed him to make this choice I think is a very difficult one to understand," Moore said.

"They didn't tell the clergy that were there in the chapel, they didn't tell the frontline staff, and a lot of people were hurt."

Parts of the penitentiarydate back to the mid-19th century. As of early May, HMP was at capacity, with 173 inmates.

Inmates at HMP areserving provincial terms up to two years less a day. The facility also holdsthose awaiting court proceedings.

Some women are also housed there, because the Correctional Centre for Women in Clarenville is also at capacity.

Green knew attack was coming

In a statement of defence filed in March 2016, the province pointed out that prison officials did warn Green a threat had been made against him.

Two days before the attack, a captain at HMP received intel that "it would be in everyone's best interest if KG did not attend church this Sunday. Inmates on Living Unit 3 would not like this."

Officials passed the threat along to Green, but he seemed "unconcerned by this information and proceeded to attend the chapel service," the statement of defence said.

HMP riot video WARNING: VIOLENT CONTENT

10 years ago

Duration 1:49

An excerpt of a riot at HMP shown Feb. 9. The video was shown in court today

"By attending the service the plaintiff encouraged and indeed invited the attack to happen," it reads.

"In doing so he was voluntarily assuming and accepting the risk of the injuries he allegedly suffered by ignoring the warning clearly communicated to him by staff."

'Between arockand a hard place'

However, Moore said her client was stuck "between a rock and a hard place."

His only options, she said, wereto return to the special handling unit, orstay away from the chapel.

"He spent several months in solitary for his own protection and he was having trouble with that," Moore said.

If Greenstayed away from chapel that day,Moore said that would have shown the attackers he was afraid.

Moore said it was better for Green to know when and where the attack would happen rather than being jumped when he least expected it.

"He knew that the attackers weren't going to say, 'Oh he didn't show up today we aregoing to give up and walk away.' He knew he would then face an attack where he was not forewarned. So he decided to go and deal with the threat he knew about, and more importantly the threat the government knew about."

The province, meanwhile, denied claims it didn't provide supervision and protection to Green, noting that extra staff were stationed on a floor below.

"While not physically located in the chapel, extra staff were on guard just below the chapel and attended the scene within seconds of the attack occuring," the government's statement of defence said.

Past allegations from guards over riot

This is not the first time a finger has been pointed at the province over its handling of the potentially deadly riot.

Three correctional officers alleged in documents to the Office of the Citizen's Representative that the riot was allowed to happen by management as a way to relieve pressure cooking inside the jail.

CBC News obtained a copy of the resulting report from November 2016. Thecitizens' representative was unable to conclude it was an intentional act by management, but raised issues with how the matter was dealt with in the days leading up to the assault.

Correctional officials vehemently denied it was anintentional act, and noted changes hadbeen made in the wake of the attack.

While the lawsuit is against the province, Moore said the federal government has a part to play. HMP also houses some federal inmates.

"We need federal money for a new penitentiary," she said.

"It's just not fit and it's just not fair. Not just for the prisoners but for the correctional officers because they have to work there every day."

The matter will be back in court in September.

Green is seeking unspecified damages.

The Department of Justice and Public Safety declined comment, noting that the matter is before the courts.