Family of man who died in Anchorage jail files wrongful death lawsuit against the state

Mark Canul. (Photo courtesy of Victoria Canul Dunne)
Mark Canul. (Photo courtesy of Victoria Canul Dunne)

Update | 5:21 p.m.
The family of a former Juneau man has filed a wrongful death lawsuit against the Department of Corrections. It’s the second such lawsuit filed against the department this year.

The lawsuit alleges that the state was negligent in training employees to recognize and respond to the needs of mentally ill prisoners, and that it was negligent in supervising those employees

Janine Canul, one of Mark Canul’s sisters, says seeing the lawsuit filed was painful.

“When I read it, it just ripped open the wounds I have again, and I just sat in my office crying,” Janine Canul said. “I just don’t want anybody else to go through this. It’s horrible. We’re never going to see him again and he died alone. I don’t want that for anybody else.”

Mark Canul had been arrested for failing to leave an Anchorage bus property. The judge found Canul — who was diagnosed as paranoid schizophrenic and nearly deaf — not mentally competent to stand trial. On Dec. 2, a judge ordered him to be admitted to the Alaska Psychiatric Institute “as soon as practicable.”

Meanwhile he stayed at the Anchorage Correctional Complex. On Dec. 11, he was placed in a cell with James Clinton. The family says the state should have known Clinton “struggled with mental illness and was predisposed to violence.”

Clinton attacked Canul, and according to the lawsuit “immediately admitted to killing” him, saying he’d “snapped.” Clinton is currently awaiting trial on murder charges. He was arraigned in court Wednesday.

Victoria Canul Dunne, Mark’s other sister, says James Clinton and her brother should have never shared a cell.

“The person that Mark was in the cell with is the scapegoat and this is good and right that this filing has been made against DOC,” Canul Dunne said. “They need to step up and be accountable for their inaction and their negligence.”

Victoria Canul Dunne (left) and Janine Canul (center) mourn the loss of their brother Mark Canul at his Jan. 26 memorial. (Photo by Jennifer Canfield/KTOO)
Victoria Canul Dunne (left) and Janine Canul (center) mourn the loss of their brother Mark Canul at his Jan. 26 memorial. (Photo by Jennifer Canfield/KTOO)

The family seeks at least $100,000 in the suit, but Canul Dunne says the suit is not about money.

“I want systemic changes. I want the state and DOC to really make some proactive, intentional changes to the system.”

Canul Dunne said she also wants to meet with the families of Larry Kobuk, Joseph Murphy, Devon Mosley and Gilbert Joseph — all of them recently died in Alaska jails.

The Department of Corrections could not be reached for comment. However, in an April interview, Commissioner Dean Williams said he also wants systemic change. He wouldn’t comment on specific cases, but acknowledged the department’s outstanding liabilities related to deaths in jails.

“The worst thing to do is duck and cover and not even acknowledge that there was a problem, or what the incident was about, and talk with the families even before the lawsuits are filed and try to address the issues ” Williams said.

In a November report before he became commissioner, Williams identified 25 deaths in state correctional facilities over 18 months.

Jason Skala, the attorney representing the Canul family, also represents the family of Kellsie Green in another lawsuit against the department. Green also died in custody at the Anchorage jail in January.

Original story

The family of a former Juneau man has filed a wrongful death lawsuit against the Department of Corrections. It’s the second wrongful death lawsuit filed against the department this year.

The lawsuit alleges that the state was negligent in training employees to recognize and respond to the needs of mentally ill prisoners and that it was negligent in supervising those employees.

Mark Canul had been arrested for failing to leave Anchorage bus station property. The judge found Canul — who, according to family, was diagnosed with paranoid schizophrenia and nearly deaf — not mentally competent to stand trial. On December 2, a judge ordered him to be admitted to the Alaska Psychiatric Institute “as soon as practicable.”

Meanwhile, Canul stayed at the Anchorage Correctional Complex. On December 11 he was placed in a cell with James Clinton. The family says the state should have known Clinton “struggled with mental illness and was predisposed to violence.”

Clinton attacked Canul, and according to the lawsuit “immediately admitted to killing” him, saying he’d “snapped.” Clinton is currently awaiting trial on murder charges.

Jason Skala, the attorney representing the Canul family, also represents the family of Kellsie Green in another lawsuit against the department. Green also died while in custody at the Anchorage jail in January.

Canul’s family seeks at least $100,000 in the suit. The Department of Corrections could not be reached for comment.

In an April interview, Commissioner Dean Williams said he couldn’t comment on specific cases, but acknowledged the department’s outstanding liabilities related to deaths in jails.

“The worst thing to do is duck and cover and not even acknowledge that there is a problem,” Williams said.

Williams said he wanted to limit the possibility of future deaths. In a November report before Williams became commissioner, he identified 25 deaths in state correctional facilities over 18 months.

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