A CASE of wrongful death and negligence is being taken against the state and gardaí by the surviving partner and three children of Dwayne Foster.
A family solicitor yesterday confirmed High Court proceedings were still taking place following the inquest of Mr Foster who died of methadone intoxication after being taken into Garda custody.
The case is being taken by Selena Cannon, the partner of Mr Foster, and on behalf of three of his four surviving children.
High Court papers list the case as being taken against the Minister for Justice, the Garda Commissioner, the Attorney General, Dr Peadar Kirke as well as Beaumont Hospital.
Solicitor Ciaran Lawlor yesterday confirmed the case would go ahead following the inquest.
The dependents claim the death of Mr Foster was caused by negligence and breach of duty and that the actions resulted in emotional suffering and distress for the family.
The case alleges there was a failure to adequately look after Mr Foster during his detention and to ensure he received appropriate medical attention.
It is also claimed the suspect was wrongly prescribed medication and there was a failure to get him prompt medical attention when it was needed.
The dependents of Mr Foster also claim there was a failure to adequately diagnose defects from which the suspect was suffering.
The court papers add that the “dependents of the deceased have sustained severe mental distress, loss and damage in consequences” of his death.
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