Court of Appeal awards rapist €17,225 in damages for assault by prison officers in Castlerea Prison

About this case:

• Judgment:
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Background

In May 2013, Mr Darius Savickis sued The State for assault, negligence and breach of constitutional rights arising from an assault while he was a prisoner in Castlerea Prison. In the High Court, the jury found that he had been assaulted by prison officers and awarded him €4,500 in damages, reduced to €225 after finding 95% contributory negligence on Mr Savickis’ part.

Mr Savickis had been convicted of rape in February 2009 and was serving a six-year prison sentence when the assault took place in Castlerea Prison on 29th September 2009, resulting in Mr Savickis being taken to hospital.

A prison officer confronted Mr Savickis and placed his head in a headlock while Mr Savickis clung to the railings in an effort to resist being moved towards the exercise yard. At that point perhaps four to five more prison officers quickly arrived and prised Mr Savickis from the railings and totally subdued him.

Mr Savickis did not respond to the actions of the prison officer in an aggressive manner; he did not attempt to strike out at the prison officer and did no more than cling to the railing. It was clearly evident in the CCTV footage that as he was being subdued by the prison officers using control and restraints (C & R) techniques, he was struck three to four times by a particular prisoner officer with punches to the chest.

Mr Savickis was subsequently brought to Roscommon County Hospital later evening and the medical and nursing notes on admission showed bruising on his face and forehead, trauma injury to his chest and traces of blood in his urine – consistent with “a blunt blow to the patient.”

High Court

Mr Savickis subsequently commenced proceedings for damages for assault, negligence and breach of constitutional rights.

In summary, the jury found that although Mr Savickis had been assaulted, he was guilty of 95% contributory negligence. The jury also found that the State authorities had been negligent in the manner in which they had provided training for staff in control and restrain techniques. All other claims were rejected by the jury.

The jury ultimately awarded Mr Savickis the sum of €225 – representing a gross award of €4,500 reduced by 95%.

Court of Appeal

The Court of appeal upheld the jury’s conclusions that the State authorities were entitled to use appropriate force against Mr Savickis once he had refused to obey a lawful direction from the prison officer; and that the use of the C & R techniques was appropriate, but that these techniques had been applied in a negligent fashion due to inadequate training.

Justice Hogan was satisfied that the excessive force used in the circumstances must be understood as amounting to a finding (clearly supported by both the CCTV evidence and the relevant medical evidence) that Mr Savickis was unlawfully struck three or four times by a prison officer while he was subject to a C & R restraint.

Justice Hogan considered that the jury’s award of damages in respect of the negligent use of the C & R techniques could not be disturbed, but that the jury’s finding of 95% contributory negligence was disproportionate.

The jury’s award of a gross figure of €4,450 damages in respect of this assault was manifestly inadequate, and should be substituted by an award of €10,000.

Setting aside the finding of contributory negligence in its entirety, Justice Hogan stated that, while it was clear that the principles of contributory negligence provided for in s. 34(1) of the Civil Liability Act 1961 can apply to an intentional tort such as assault, there was no basis at all for the jury’s finding that there had been contributory negligence on the part of Mr Savickis so far as the assault was concerned.

Contrary to the jury’s finding, Justice Hogan found Mr Savickis’ case to be one which called for an award of €5,000 exemplary damages for breach of constitutional rights – as per the principles articulated by the Supreme Court in Conway v. Irish National Teachers Organisation 2 IR 305.

Conclusion

Allowing the appeal to the extent indicated in the judgment, Justice Hogan set aside the original sum of €225 and awarded Mr Savickis €17,225 in damages.