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Family of inmate who died in Nova Scotia jail starts legal action against province

HALIFAX — Relatives of a 60-year-old man who took his own life in a Nova Scotia jail after long periods of confinement in his cell have launched a lawsuit against the province.
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Dalton Murray, right, helps his mother Mary Hendsbee at their table in Auld's Cove, N.S., on Friday, Feb. 16, 2024, while poring through letters from his father Richard “Dougie” Murray that were sent before Richard Murray killed himself in the Burnside Correctional Facility on Jan. 15, 2024. THE CANADIAN PRESS/Darren Calabrese

HALIFAX — Relatives of a 60-year-old man who took his own life in a Nova Scotia jail after long periods of confinement in his cell have launched a lawsuit against the province.

The wife and sons of Richard Douglas Murray are alleging in Nova Scotia Supreme Court that staff at the jail failed to monitor him properly and ensure he was spending a reasonable amount of time outside his cell.

The allegations, described in a Sept. 12 notice of action written by lawyer Devin Maxwell, have yet to be tested in court.

According to letters Murray sent from the jail to his wife, Mary Hendsbee, he seldom was able to leave his cell at the Central Nova Scotia Correctional Facility due to staff shortages.

Murray's letters describe conditions in the jail as "total cruelty."

According to an autopsy report, Murray was found by other inmates hanging in his cell on Jan. 15, a bedsheet tied around his neck. The report said that the day before, Murray had been assessed for suicidal thoughts and was returned to his cell.

At the time, Murray had been awaiting trial for nine months after his arrest on charges of pointing a firearm and uttering threats at his home near Antigonish, N.S. — charges he intended to vigorously contest in court.

The notice says the family has suffered from Murray's death and is seeking compensation. The figure sought isn't specified in the legal document.

In an interview Friday, Hendsbee said the goal of the lawsuit is to "hold the prison accountable for what happened."

She also said the family is hoping to get answers about what happened to Murray.

"I've had the one call from them (prison officials) after he died. After that, there were no communications," Hendsbee said. "We've been left with many questions. It's hard to get any kind of closure."

Richard Murray's son, Dalton Murray, said in an interview he has been left to wonder whether half-hour checks were carried out by correctional officers and, if they were, why they didn't prevent his father's death.

In a report released Tuesday, the East Coast Prison Justice Society — an advocate for inmates — has called attention to the fact that six people have died while in provincial custody since January 2023.

The group has called for public reviews of prison deaths, saying the current approach of having the chief medical examiner hold inquiries behind closed doors lacks transparency.

Dalton Murray said: "Since my father took his life in January, there have been two more deaths. It doesn't seem to be getting better. We would like to spread awareness and attention about what is going on in the facility."

A spokeswoman for the provincial Justice Department said it couldn't comment on Murray's case.

Lynette MacLeod said in an email that "over the past five years, we have made changes to better support people and the complex challenges they are facing, including on-site registered social workers, who not only meet with people who request support, but also play an outreach role."

She said the Justice Department also ensures that people admitted to correctional facilities are assessed by the professionals at Nova Scotia Health.

If you or someone you know is thinking about suicide, support is available 24/7 by calling or texting 988, Canada's national suicide prevention helpline.

This report by The Canadian Press was first published Sept. 20, 2024.

Michael Tutton, The Canadian Press