The family of an Inuk man who died after an altercation with correctional officers at Her Majesty’s Penitentiary is suing the provincial government.

The civil suit was filed this week by Jonathan Henoche’s two sisters, brother and grandmother.

33-year-old Henoche was in custody at the Pen when he died on November 6, 2019, which led to charges against almost a dozen guards.

Henoche had been transferred to HMP for his own safety. He had been awaiting trial in Labrador for the murder of Regula Schule, known for her good work with inmates.

The lawsuit cites the province’s own 2018 review of deaths in custody to support its allegations of negligence, abuse of public office and breach of Charter rights, as well as discrimination on the basis Henoche was Indigenous.

Henoche’s lawyer Bob Buckingham says the government has asked for time to prepare and file a response to the allegations, none of which have been proven in court.

The civil suit comes as the Crown’s criminal case against nine guards appears to be crumbling. Evidence from the preliminary inquiry can’t be reported, but it is known that a key piece was recently ruled inadmissible.

The Crown was also denied more time to re-work its case, with defence lawyers calling that a stall tactic to secure new expert evidence.

That matter will be called again on December 17, a week before Christmas, when it’s possible some or all of the charges could be dismissed.