Tesha Miller leads lawsuit against Gov’t over prison conditions

Tesha Miller, the alleged leader of the notorious Clansman Gang, is among 16 inmates suing the Government over conditions at the Tower Street Adult Correctional Centre, the country’s main prison. The lawsuit, filed on December 4, 2024, claims that the state has violated their constitutional rights, including their right to equal treatment.

The lawsuit names the superintendent of the downtown Kingston-based correctional facility, the minister of national security, and the attorney general as defendants.

In addition to Miller, the plaintiffs include Curtis Armstrong, Errol Clarke, Vaughn Taylor, Howard Young, Kirk Forrester, Adrian Clarke, Rohan Carr, Dwayne Frater, Shaniel Daley, Nushawn Guest, Curtis Carter, Karron Williams, Rannaldo Spence, Dwayne Drumond, and Kemar Spike.

The inmates are seeking 11 declarations and damages for alleged breaches of their rights. They contend that their right to equality before the law was “infringed” when the superintendent and his officers imposed a “no-visit day” rule on several days in November 2024 without informing them or their families. The lawsuit also claims that a two-year visitation ban breached their rights to communicate with family and spouses.

Access to legal representation

Another major issue raised is the lack of access to legal representation. The inmates argue that the superintendent and minister of national security have “collectively failed” to establish sufficient rules and facilities for them to meet with their lawyers and prepare their defences.

The inmates further allege that “very lax rules and practices” govern visits by lawyers and that there is a “complete failure” by prison authorities to facilitate meetings with legal representatives.

The longstanding physical conditions at the cramped and deteriorating centuries-old Tower Street prison are also cited as violations of their rights.

Miller and his co-claimants, who are appellants not yet serving sentences, are also challenging Section 31(3) of the Judicature (Appellate Jurisdiction) Act, which regulates when sentences begin for individuals awaiting appeal outcomes. They argue that appellants should not be treated the same as prisoners who are serving sentences and seek for this section of the law to be declared “null and void”.

“As a result of the unlawful conduct, actions, and inactions of servants/agents of the State, the claimant has suffered breaches and contraventions of his fundamental human, statutory, and constitutional rights and has sustained injury, loss, and damage ... and requests that this court enhance the respect for his inherent dignity as a person and a citizen of a free and democratic society and his constitutional rights by granting the relief sought,” one court document read.

Miller, who is appealing a murder conviction, is among 23 individuals – including Frater, Guest, and Spence – charged in March 2024 under the anti-gang law for alleged involvement in the Clansman Gang’s ‘Tesha Faction’. The group is accused of crimes such as murder and illegal firearm possession, reportedly committed between 2017 and 2022.

The inmates are represented by attorney John Clarke.

The Ministry of National Security has confirmed being served in the matter, but stated that it is “unable to confirm the response of the superintendent and minister at this time”.

Faced decades of scrutiny

The Tower Street Adult Correctional Centre has faced decades of scrutiny. Concerns escalated following a structural assessment conducted after an earthquake rocked the island in October 2023.

The report, parts of which were made public by The Sunday Gleaner in February 2024, flagged several areas, including five blocks housing 196 inmates, as posing an “immediate danger to inmates and staff”, recommending urgent relocation and reconstruction.

The facility, along with the St Catherine Adult Correctional Centre, has long struggled with overcrowding and deteriorating conditions, highlighting the urgent need for a modern correctional institution – a solution that successive governments have yet to deliver. The current administration has stated that plans are being explored for a modern prison.

Tower Street prison was established by the British colonial government for slave trading, later becoming a prison in 1845. Similarly, the St Catherine facility was originally built in 1655 as a holding area for slaves before being used to house death row inmates.

A United Nations finding in 2010 stated that the two facilities were “overcrowded, lack sanitary facilities and any meaningful opportunities for education, work and recreation”.

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