It's back to square one for a local man who filed a small claims lawsuit against the Prince George Regional Correctional Centre after his jaw was broken by a sucker punch while he was incarcerated in the facility.
In a notice of claim filed Dec. 29, Gary Arnold Muncey was seeking $10,000 for pain and suffering and $15,000 for the cost of dental work he said he will need.
But according to a letter a lawyer in the Ministry of Justice and Attorney General subsequently sent to Muncey, he'll will have to make some changes.
Muncey was told PGRCC is "not a legal entity capable of being sued." Instead, he will have to amend the claim to designate "Her Majesty the Queen in the right of the Province of British Columbia" as the defendant.
Moreover, Muncey was told the document must be served on the Attorney General at its Victoria address.
The letter was sent to Muncey by registered mail on Jan. 15 and so far there is no sign he's followed up.
According to his notice of claim, Muncey said he was moved from protective custody to another wing on July 4, 2015. On that day, his left lower jaw was broken in two places with a sucker punch.
Four days later, his jaw was wired shut and 10 days later screws and more wire were put in place in another surgery.
On Oct. 21, 2015 - 109 days after he was hit - the wires and screws were removed and he no longer needs a straw to consume his food.
But he said he still needs extensive dental work to be able to "chew right and bite correctly."
Muncey was in custody for breaching an undertaking or recognizance when the incident occurred.
