New lawsuit claims Manitoba inmate killed in 2021 was surrounded, beaten by guards

The family of an inmate who died following an incident at the Headingley Correctional Centre in Manitoba have filed a lawsuit against the province and the corrections officer charged in connection with his death, alleging a racist joke made by an officer was the catalyst leading up to his death.

The family of William Ahmo filed the lawsuit on Feb. 8, 2023, in the Court of King’s Bench. It lists the Government of Manitoba, Robert Jeffrey Morden, a John Doe and Jane Doe, and other persons unknown as defendants.

“The Ahmo family will not be commenting on the statement of claim we filed in the Manitoba Court of King’s Bench recently. We are committed to allowing the criminal prosecution of Correctional Officer Robert Morden to run its course, and for the full facts of William’s death to be brought to light,” Darlene Ahmo, William’s mother, said in a statement.

“Our family is committed to seeing justice done for William in both the criminal and civil justice systems.”

William, 45, died in hospital on Feb. 14, 2021, seven days following an incident in the common room at the correctional centre. Morden was charged with criminal negligence causing death and failing to provide the necessaries of life nearly a full year after the incident. The charge has not been proven in court.

According to the statement of claim, Morden has pleaded not guilty and is awaiting trial.

The statement of claim alleges the defendants failed in their duty to provide Ahmo with “reasonable care and safety.”

The claim alleges a correctional officer made a racist joke towards William while he was in his cell on Feb. 7.

“The correctional officer’s ‘joke’ trafficked in racist caricatures and stereotypes of Indigenous people as being lazy, poor, unemployed and relying on government handouts,” the claim reads.

When William’s cell was allowed in the common room, William went to the glass-walled office occupied by the correctional officers and hit the wall with his hand, yelling loudly at how he was “sick and tired” of the way he and other inmates were being treated.

The lawsuit alleges William began removing furniture from the floor and walls and throwing it around the unit. The correctional officers called for all inmates to return to the cell, but William refused.

It is alleged that the correctional officers opened a door and used chemical weapons, such as pepper spray on William, and that others shot him with projectile weapons and sensory deprivation weapons such as flash-bang grenades.

The lawsuit also alleges that approximately 12 correctional officers entered the room and beat William using their batons, hands and feet.

“William was completely surrounded and did not leave the ground after he was pinned and swarmed by the CO (Correctional Officer) Defendants,” the statement of claim reads.

The lawsuit alleges the province failed to properly train the correctional officers in the use of force and didn’t design and implement adequate policies, training or supervision to ensure the proportionate use of force against inmates.

The family is seeking damages, including medical and funeral costs, loss of income and loss of care and companionship.

In a prepared statement, a spokesperson for the province said it would be “inappropriate” to comment on the lawsuit, as it is still before the courts.

The defendants have 40 days to file a statement of defence.