Edmonton inmate allegedly shot in genitals sues federal government

An inmate who says he was shot in the genitals with rubber bullets at the Edmonton Institution is suing the federal government.

In a statement of claim, Shawn Keepness said the shooting happened two years ago after he tried to stop two inmates from fighting. 

"For some unknown reason, a member of the (emergency response team) shot Keepness in the genitals at point blank range with rubber bullets," the lawsuit says. "There was no warning issued prior to the shooting and there was no grounds to shoot Keepness, let alone at his genitals, at close range."

His testicles were crushed, causing "immense pain," the lawsuit says, adding that Keepness, 33, needed emergency surgery and may never be able to have children because of the Nov. 26 incident.

• 'Cesspool of cruelty, corruption and violence': Advocates call for inquiry at Edmonton prison
• Prison watchdog slams quality of care for mentally ill Prairie inmates
• 'I'm already dead': Edmonton prison has highest self-harm rates in Canada

Keepness is suing the Attorney General of Canada for $100,000 plus punitive damages.

The statement of claim was filed on Oct. 31. None of the allegations have been proven in court. An official from Correctional Services Canada says it would be inappropriate to comment while the case is before the courts.

Allegations of abusive staff at the Edmonton Institution, a maximum security prison for men, have triggered a number of lawsuits in recent years, launched by inmates and former employees.

A report last week by Canada's Correctional Investigator singled out the Edmonton prison for the second highest "use of force" incidents in the country over a one-and-a-half-year period ending in February.

A recent CBC investigation revealed Edmonton Institution has the highest rates of self-harm by inmates of all maximum security prisons for men. One inmate who spoke to CBC about his self-injurious behaviour has spent more than 2,000 days, or five-and-a-half years, in segregation in Edmonton and other facilities.

Prisoner rights advocates say years of recommendations, investigations and staff disciplinary measures have failed to root out the rot at the prison and a public inquiry is needed.

822 days in segregation

Keepness, who is serving a sentence for manslaughter, is among a group of inmates who successfully challenged their placement in administrative segregation through a habeas corpus application, which is a way of reporting an unlawful detention.

Keepness argued he was denied the ability to perform his Indigenous spiritual practices while in segregation.

In all, his time in solitary confinement at Edmonton Institution amounted to 822 days.

• Inmates argue their own court case, win release from segregation
• Edmonton inmate who won legal battle over solitary confinement slams treatment while in prison

On Aug. 9, 2016, Justice Joanne Veit ordered that the inmates immediately be released back into the general population.

But according to the most recent lawsuit, Keepness was placed with two other inmates into what's called a Kilo Unit, or K-Unit, which some inmates tell CBC is a lot like segregation.

On Oct. 25, 2016, Keepness and other inmates launched a multi-million-dollar lawsuit — which has not been settled — against the federal government for unlawfully placing them in segregation.

Fears being shot again

A month following the lawsuit, the alleged shooting occurred after a fight broke out between the two other inmates housed in the K-Unit.

Keepness says in the latest lawsuit, he was not involved in the altercation, but kept his distance as he tried to stop the fight before returning to his cell.

According to the statement of claim, after the emergency response team broke up the fight, they entered his cell where one team member fired the rubber bullets.

• Explosive allegations against male prison guards contained in lawsuit
• Justice will be served at troubled Edmonton prison, says federal safety minister

Next of kin and lawyers were not immediately notified about the shooting, and the shooter later apologized and admitted the shooting was a mistake, the claim says.

The lawsuit says Keepness, who has since been transferred to another prison, suffered psychological injuries, including a fear that he may be shot again by correctional staff.

Keepness' lawyer Avnish Nanda represents several former inmates at Edmonton Institution who have filed lawsuits over allegations of abuse by guards and unlawful placement in administrative segregation.

Last month, the federal government unveiled a bill aimed at ending solitary confinement as it exists in federal prisons.

andrea.huncar@cbc.ca
@andreahuncar