Family of man 'brutalized' during fatal attack in Brandon jail gang unit suing province

The parents of a man who died after being assaulted by three other inmates at the Brandon Correctional Centre says the jail failed to ensure his safety after he was placed in or around a unit with gang members, even though they knew he had no gang affiliation himself.

Collin James Kempthorne, 44, died weeks after he was attacked by other inmates while being held in custody at the provincial medium-security jail in southwestern Manitoba.

His parents have filed a lawsuit that names the provincial government, the attorney general, the correctional centre and three inmates as defendants. They allege the Brandon jail, "not caring for Collin's physical safety or well-being," inappropriately put him in an area with physically violent inmates who "brutalized" him on the night of Sept. 26, 2024.

He was the victim of an unprovoked attack, which left him in coma and disfigured him beyond recognition, according to the lawsuit. He died from his injuries on Nov. 11, 2024.

The lawsuit alleges workers at the jail were fully aware that placing Kempthorne in or near a gang unit, when he wasn't affiliated with a gang himself, was "extremely physically dangerous" for him.

"You can't throw a goldfish into a tank with sharks. It's not going to work. It's going to be horrifying," Stephan Thliveris, the lawyer representing Kempthorne's family, told CBC.

"It's extremely concerning, and it's something that one would hope Manitoba Corrections doesn't continue to do."

None of the allegations have been tested in court and no statements of defence has been filed. 

A spokesperson for the province said it is aware of the lawsuit, but has no further comment because the matter is before the courts.

Father of 3

Kempthorne was a father of three daughters, said the statement of claim filed at Manitoba's Court of King Bench on Tuesday.

"[The] loss of companionship, loss of guidance is something that is being suffered by his children and even his parents," Thliveris told CBC. "He was a hard-working guy."

Kempthorne had been serving a short sentence at the Brandon Correctional Centre, but was granted bail and released on Sept. 24, 2024, the lawsuit says.

He was arrested again on Sept. 26 for breaching a condition of his bail — a no-contact condition with his former partner, according to Thliveris.

Upon his return, he was incarcerated in or near an area with physically violent inmates, including Matthew Reddaway, Ryan Burrows and Jarrod Paul, according to the lawsuit.

Those men were known to workers at the correctional centre as members of street and/or prison gangs who had a history of engaging in violent behaviour with other inmates, according to the statement of claim.

Kempthorne had no history of violent behaviour, the lawsuit says. It argues workers at the correctional facility knew, or ought to have known, that placing him in or near the gang unit with violent inmates would result in harm.

Brandon police said in a news release in November that three men — ages 26, 27 and 34 — were charged in connection with the death of another inmate after an attack at the correctional centre in September.

The news release did not name the three men, but said two had been charged with second-degree murder, and the third with manslaughter, following the death. All three had initially been charged with aggravated assault.

No 'legitimate explanation': lawyer

Thliveris said Kempthorne's parents have not received any information regarding why their son was placed near or in the gang unit where he was attacked. 

"There is no real legitimate explanation," the lawyer said. "In any event, to me, there's always concerns and constant complaints about overcrowding." 

It's not yet known whether or not the number of inmates at the facility played in part in the placement decision, Thliveris said.  

However, "that doesn't really provide the excuse for something horrific like this, where it takes the lives of our clients' son," he said. 

"Measures should be taken by professional services … to ensure that this type of behaviour and this type of aggression doesn't occur to any inmate."

Thliveris said Kempthorne's family opted to pursue a lawsuit, instead of waiting for Manitoba's chief medical examiner to call an inquest into his death, in hope of getting compensation that could help provide financial assistance for his children.

It could also be years before an inquest is completed, if one is called, and Thliveris said it might not provide the answers the family is looking for. 

"[Kempthorne's] rights were just completely obliterated, and there should be some sort of sanction," he said.