Canada: B.C. gang associate sues jail over protective custody designation - - PressFrom - Canada
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Canada B.C. gang associate sues jail over protective custody designation

04:15  22 october  2019
04:15  22 october  2019 Source:   vancouversun.com

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Protective custody is a type of imprisonment (or care) to protect a person from harm, either from outside sources or other prisoners. Many administrators believe the level of violence, or the underlying threat of violence within prisons, is a chief factor causing the need for PC units.

The former Red Scorpions gang associate , who is now in protective custody , said he suffered a brain injury, multiple broken bones, chipped teeth and facial lacerations as a result of the attack in June. The lawsuit said other inmates on the unit yelled at the attackers to kill him but staff did not intervene until

a car parked in a parking lot: The North Fraser Pretrial Centre in Port Coquitlam. © RICHARD LAM The North Fraser Pretrial Centre in Port Coquitlam.

A B.C. man linked to the United Nations gang has filed a lawsuit against the North Fraser Pretrial Centre because jail staff there said he should be placed in protective custody for his own safety.

Mouayad Alhomsi claimed in a petition filed in B.C. Supreme Court that correctional officers at the Port Coquitlam jail repeatedly charged him with breaching regulations after he refused to move to a protective custody unit.

He said in his suit that a placement in protective custody would have led to “imminent violence.”

“He maintains that the institution has not properly classified him as a protective custody inmate and that all orders for him to attend protective custody are unlawful,” said Alhomsi’s claim, filed by his lawyer Talia Magder.

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2023 results for protective custody jail . vLex Rating. Plaintiff sued in federal district court, arguing that Defendant lacked probable cause to take him into 1,837 appearances by inmates seeking protective custody between 1979 and April of 1983 supports to homosexual gang rape his first

Generally, protective custody exists in facilities that house convicts to protect a particular inmate from the rest of the population, which may mean solitary This kind of assault is sometimes random but often gang -related, and while no one wants this kind of violent activity to occur, it is a reality of many

Alhomsi is seeking a court order setting aside the disciplinary decisions issued against him.

His petition was supposed to be heard in New Westminster earlier this month, but has now been adjourned until December.

The B.C. government said in a response filed on behalf of North Fraser that the 19-year-old admitted to a correctional officer that he was “affiliated with the UN and has issues with the (Independent Soldiers), (Red Scorpions) and Wolf Pack.”

“United Nations, Independent Soldiers, Red Scorpions, and Wolf Pack are well-known gangs operating in the Lower Mainland,” the response said.

And it said that B.C. correctional officers have a responsibility to place inmates in protective custody if they have information about a threat to that inmate.

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Protective Custody is an assigned class of prisoner that is designed to segregate high profile inmates from the wider population. Prisoners in protective custody wear distinctive yellow jumpsuits. Such segregation is often sought for inmates whose lives are in danger.

Protective Custody is a type of imprisonment (or care) to protect an inmate (or the person) from harm, either from outside sources or other inmates. Inmates have the opportunity to request protective custody if they get the impression that the environment they are living in is harmful to their well-being.

“A security alert of protective custody (PC) was placed on his file for his own safety. He did not agree with the PC classification and repeatedly refused to obey orders of correctional officers to attend at his assigned living unit,” the response said.

Just days after Alhomsi arrived at North Fraser in April 2018, “information had been received that Mr. Alhomsi was green lit by an influential gang in the jail and as such, he would be at risk,” the court documents said.

“On April 12, 2018, Mr. Alhomsi and an associate assaulted another influential inmate at (North Fraser) while living in the general population unit. … It is common for rival gang members to incite violence against each other’s associates, and such individuals are often classified as PC to keep them and others in the centre safe.”

Every time Alhomsi refused to go to the protective custody unit, he was placed in segregation and faced internal jail charges.

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Jails / prisons normally have criteria to determine who should be placed in protective custody . While most inmates were housed in a dormitory style setting, in protective custody , I was first placed in a single cell within a pod of single cells and was later transferred to a pod with two man cells.

The SHU (Special Holding Unit, the “Hole”) and Protective Custody , Special Needs Unit and Solitary Confinement are completely different. Validated gang members that want to flip (drop out of gang ), and agree to give as much information on the gang as possible (that info has to be validated by prison

“Mr. Alhomsi spent a total of 108 days in segregation as a result of the placement issue,” his petition said.

Alhomsi was transferred to the Fraser Regional Correctional Centre in May 2018, but got into a fight there and was sent back to Port Coquitlam on June 15 where he was again classified as “PC” because “there was a risk that he could get seriously injured or killed in general population,” the court documents said.

On July 25, 2018, he was “assaulted by another inmate” while in segregation.

He then spent a few months in Surrey Pretrial where he was placed “on a specialized living unit with other inmates that are alleged from the same ilk.”

That unit closed in February 2019 and he was returned to North Fraser where he was again classified as “protective custody” because of “his continued suspected gang affiliations.”

“Between February and May 2019, he was directed to attend at his PC living unit on at least 13 occasions and refused,” the government said in its response.

Alhomsi is no longer in pretrial custody. In July, he pleaded guilty to robbery with a firearm and was sentenced to 764 days in custody and given a lifetime firearms prohibition.

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