Courts / Limerick / Report

Former prisoner claims slopping-out deprived her of human dignity

Date
2020-02-25
Stage
Sentence
Primary locality
Limerick
County
Limerick

Summary

In the High Court, Susan McGovern, a former prisoner at Limerick Women's Prison, brought a damages claim against the Irish Prison Service, the Minister for Justice, Ireland, the Attorney General, and the Governor of Limerick Prison. McGovern alleges that the slopping-out regime imposed on her between 2000 and 2003, and again from April 2012 to May 2013, constituted degrading treatment that breached her constitutional and European Convention on Human Rights. She claims that sleeping on mattresses in overcrowded, unhygienic cells without toilets, and using a shared bucket in plain view of cellmates, deprived her of human dignity and affected her physical and mental health. The State parties deny these allegations and argue the claim is statute-barred. Counsel for the State suggested the case be referred to a State redress board, following a Supreme Court ruling that awarded damages to former prisoner Gary Simpson for similar conditions. Ms Justice Leonie Reynolds directed the State parties to file a defence within 12 weeks and adjourned the action. Separately, a claim by Christopher Coakley regarding his detention at Mountjoy Prison in 2011 and 2012 was mentioned before the Master of the High Court. Coakley alleged he was forced to defecate into a pot or bag in the presence of cellmates. Although an application to remit the claim to the Circuit Court was pending, the Master was informed that the matter had been resolved between the parties.

Who, what, where, when and why

What: Report matter: Former prisoner claims slopping-out deprived her of human dignity. Procedural stage: sentence

When:

Why: This was because having to use a bucket as a toilet and empty it each morning for almost eight months in 2013 in Mountjoy Prison amounted to a violation of his constitutional right to protection of his person, and to "substandard" cell conditions. CNI source report

Case subjects

Mountjoy Prison

Applicant

Outcome: Another slopping out claim, taken by Christoper Coakley, of Empress Place, Dublin 1 arising out of his detention at Mountjoy prison in 2011 and in 2012, was briefly mentioned before the Master of the High Court.; Ms Justice Reynolds, who directed that the State parties file a defence to McGovern's claim within 12 weeks, adjourned the action.

Susan McGovern

Applicant

Outcome: Ms Justice Reynolds, who directed that the State parties file a defence to McGovern's claim within 12 weeks, adjourned the action.

Places mentioned

Court Venue
  • High Court
  • Supreme Court
Secondary Mention
Facility
  • Limerick Women's Prison
  • Irish Prison
  • Limerick
  • Limerick Prison
  • Mountjoy
  • Mountjoy Prison
Address Area
  • Hennessy's Road
  • Cork Road
Residence

Topics

Stage Sentence

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