Family of Lanarkshire man who died in custody to sue prison services and prosecutors
The inquiry found the death was "entirely preventable".
Last updated 24th Jul 2024
The family of a Lanarkshire man who died after being restrained by prison officers is suing the Scottish prison and prosecution services and Government ministers over his death.
Allan Marshall, from Carluke, was 30 when he died at HMP Edinburgh in 2015 after a lengthy struggle with up to 17 prison officers, just a few days before he was due to be released.
Mr Marshall suffered a cardiac arrest during the struggle, and died four days later.
The officers involved were previously given immunity from prosecution at a fatal accident inquiry examining his death.
The inquiry found Mr Marshall's death was "entirely preventable".
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His family are now taking legal action against the Scottish Prison Service (SPS), Scottish Government ministers and the Crown Office as a result of his death.
Human rights lawyer backs the family's case
The family has raised a civil court action under human rights laws over Mr Marshall's right to life.
It is believed to be one of the first cases of its kind in Scotland.
If successful, the family could receive a large payout from all three authorities in question.
Barbara Bolton of JustRight Scotland - a charitable organisation comprised of human rights lawyers - represents the family.
Criminal charges were never brought against anyone involved in Mr Marshall's death, but Ms Bolton said she hopes the civil case will provide some closure for the family.
Crown Office and Government respond to the case
The Crown Office and Procurator Fiscal (COPFS) was unable to provide full comment due to ongoing or potentially ongoing court proceedings.
However, a spokesperson said: "The Lord Advocate instructed that Police Scotland investigate possible corporate responsibility by the Scottish Prison Service.
"COPFS is working closely with the police on this ongoing investigation and the family will continue to be kept updated on significant developments."
A Scottish Government spokesperson said: "Our thoughts and condolences remain with the family of Allan Marshall.
"It would be inappropriate to comment on a matter that is subject to live court proceedings."
An SPS spokesperson said: "Our thoughts remain with Mr Marshall's family. As this is subject to proceedings it would be inappropriate to comment further."
Police Scotland has been asked for comment.