A judge yesterday rejected claims by seven prison officers who sued the Scottish Secretary for a total of #470,000 over physical and mental injuries they suffered as a result of the Shotts Prison riot in July 1993, writes Bruce McKain, Law Correspondent.
Lord Johnston pointed out that prisons were potential powder kegs and the court should always be extremely reluctant to substitute its decision for a decision taken by prison authorities in the heat of battle.
However, the judge also rejected an argument by the Scottish Secretary, who is responsible for running the prison service, that he should have immunity from being sued by prison officers carrying out their duty during a disturbance.
The men claimed that, apart from various physical injuries, they all suffered post traumatic stress disorder, which had caused recurring nightmares and affected personal relationships as well as their job prospects.
Two narrowly escaped being taken hostage and five were part of a prison riot team which was bombarded with petrol bombs, toilets, sinks, and cell doors.
The seven are Stephen McCafferty, from West Lothian; Thomas Collins, from East Kilbride; Scott Moir and Thomas McMahon, both from Bellshill, Lanarkshire; Mark Cunningham, from Motherwell; Thomas Gallagher, from Shotts, Lanarkshire; and George Murray, from Carluke, Lanarkshire.
In the actions at the Court of Session, Mr McCafferty, 27, and Mr Collins, 36, each sued for #80,000, Mr Moir, 35, for 50,000, while Mr McMahon, 37, Mr Cunningham, 26, Mr Gallagher, 36, and Mr Murray, 37, each claimed damages of #65,000.
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