Former inmate Kenny Green gets $45K settlement from N.L. government over chapel riot
Convicted killer pummelled in head with church pew, shanked during 2014 attack at HMP
An inmate who was pummelled with a church pew, stabbed with homemade knives, and beaten in the chapel of Her Majesty's Penitentiary has been awarded a $45,000 settlement from the Newfoundland and Labrador government.
Two years ago, Kenny Green sued the province over the 2014 bloody melee that saw a handful of inmates swarm and attack him after unsuccessfully trying to cover the chapel's surveillance cameras.
Video surveillance shows correctional officers outnumbered by the inmates, and the Salvation Army clergy scattering, as Green was assaulted. The video was revealed at the trial for the men who attacked him.
Regardless of who you are, if you're in one of our institutions, we do have a legal duty for your safety.- Justice Minister Andrew Parsons
In court documents, Green alleged government was negligent in the attack during the Sunday service, because correctional officials allowed it to happen.
But the province countered there was no negligence, because Green was notified of the threat in advance, and attended the service anyway.
In its statement of defence, the province said it also added extra staff that day — albeit on a different floor than where the riot occurred.
The existence of the settlement, and its amount, was recently posted on a government website that lists orders-in-council, or decisions made by the provincial cabinet.
Justice Minister Andrew Parsons said Thursday that while it may not be a popular decision, it was a financially responsible decision.
"Regardless of who you are, if you're in one of our institutions, we do have a legal duty for your safety," Justice Minister Andrew Parsons said.
"And in this case, it was felt that it was better than going through court and possibly costing the taxpayers potentially more."
Originally wanted HMP shut down
Lynn Moore, Green's lawyer, had originally asked the Supreme Court to order the shutdown of the largest men's prison. She argued Green's Charter rights were infringed upon.
"[HMP] is really not fit for human habitation and probably not fit for animals, either," Moore told CBC News at the time.
In September 2017, Justice Carl Thompson struck down that application, saying it went "significantly beyond" the personal relief sought by Green.
Government officials from all parties have agreed the penitentiary — parts of which date back to the mid-1800s — is in desperate need of replacement. However, the current fiscal situation of the province has put any plans on the back burner.
Inmates at HMP serve provincial terms up to two years less a day. The facility also holds those awaiting court proceedings.
In the past, the chapel attack has been linked to retribution for the death of Joey Whalen.
Green was convicted of manslaughter in relation to Whalen's death after an incident on Tessier Place in St. John's in March 2013.
Green and his lawyer declined interview requests on the settlement.
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