A former correctional services officer, now suing the State of Queensland over the traumatic event she witnessed during her employment, has come forward to “seek justice for prisoners silenced by their confinement” and to “expose the urgent need for accountability and transparency within the correctional system”.
Jasmin McNeill filed a claim in the Supreme Court seeking $740,000 in compensation for psychological injuries sustained after witnessing a brutal assault on a prisoner by fellow officers in October 2021.
The claim, based on negligence, breach of contract and vicarious liability, details Ms McNeill’s experience at Arthur Gorrie Correctional Centre in Wacol, where she endured a traumatic event that has left her in ongoing psychological care.
In her statement of claim, Ms McNeill recounts the distressing scene in which a prisoner, who had neither threatened nor provoked the officers, was pinned to the ground, repeatedly kicked in the stomach, and had their ankles stomped on by the officers, as she feared for his life.
The claim outlines the severe emotional toll that witnessing the assault has had on Ms McNeill’s mental health, resulting in a lasting psychiatric injury.
Ms McNeill, now 36 years old, is speaking out to advocate for the rights of both prisoners and officers at correctional facilities and the duty to uphold those rights.
“Witnessing the inhumane and brutal treatment of another person changes you forever,” Ms McNeill said.
“It disrupted my career and my personal life, and I have been plagued with thoughts of those left unprotected from such cruelty. The experience really haunted me, to the extent of attempting suicide, and even now, I have not fully processed it all.
“I’m sharing my story because I believe it’s important to shed light on what we can’t always see. Society often stigmatises prisoners, believing they ‘got what they deserve’, but people are in prison for all kinds of reasons, and many are doing their time and working to improve themselves.
“Prisoners have human rights, yet I saw those rights continually ignored. Prisons are overcrowded, staff are stretched to their limits, and even basic mental health support isn’t accessible on weekends despite mental health conditions being prevalent among prisoners – a fact highlighted during our training. From lights left on in cells all night to prisoners not being provided with pillows, a range of inadequate conditions failed to treat individuals with basic fairness or dignity.
“While I acknowledge force is necessary in some situations for both the safety of the prisoners and the officers, however the way it’s used sometimes crosses the line.”
Since the incident, Ms McNeill has remained under the care of both a psychologist and psychiatrist and has been unable to return to work due to the impact of her experiences.
“I took the job thinking I could make a positive impact on prisoners’ lives, but once I was there, I was told to forget everything I’d been taught because the reality is nothing like the training. The experience has opened my eyes to the deep issues within the system, and while I can’t return to my job, I want to advocate from the outside for the systematic change needed to protect everyone in those facilities.
“I can understand why people don’t speak up about excessive force and human rights violations, but I refuse to stay silent. Accountability, transparency and fairness are the values that the system is supposed to uphold. By not speaking out, I felt that I would be contributing to the problem. I hope that this encourages others to step forward and that, together, we can push for real reform to improve safety measures and adherence to protocols.
“It’s taken this long to get to the point where I felt I was able to take action, because witnessing that incident set off a long and painful process for me. The prisoner involved still hasn’t received justice.
“Legal action is necessary to hold those responsible accountable. I’m fighting not only for my own justice, but for others who’ve also been left unprotected and scarred by this system – including the prisoners subjected to unnecessary excessive force.”
Travis Schultz, Managing Partner of Travis Schultz & Partners, says while it isn’t appropriate to comment on the specifics of her case, all employers must be aware of their responsibility to manage risks surrounding violence in the workplace and the mental health of workers.
“The law imposes an obligation on employers to manage risks arising out of psychosocial hazards in the workplace. Since April 2023 there has been a Code of Practice that binds most employers and requires them to manage psychosocial hazards,” Mr Schultz said.
“Even in the absence of physical injury, employers must address potential stressors that can lead to psychiatric harm. Psychological injury and vicarious trauma are genuine risks in many professions, but especially for emergency services workers or correctional services officers who are regularly exposed to distressing events in their daily roles.”
The statement of claim was filed by the Plaintiff on 24 September 2024.
The State of Queensland has not yet filed a defence.
// Ends.
To learn more about Travis Schultz & Partners, visit www.schultzlaw.com.au
Travis Schultz, visit: https://www.schultzlaw.com.au/meet-your-team/travis-schultz/
Media contact: Trudie Abel, Fresh PR & Marketing | 0408 119 443 | trudie@freshprm.com.au
About Travis Schultz & Partners
Travis Schultz & Partners (TSP) was established by founding Managing Partner, Travis Schultz in 2018, based on the guiding values of fairness, respect and expertise. The award-winning, nationally recognised compensation law firm services all of Queensland and has a team of more than 70, with offices in Brisbane, the Sunshine Coast, the Gold Coast and Cairns.
