Lawyers for Daniel Fournier, the representative plaintiff, say he was subject to cruel and unusual punishment when he was held in segregation units for 40 consecutive days in 2019 and 2020, never knowing when he would be released back into the general population.

The transfer "caused the plaintiff to experience symptoms of depression and increased anxiety attacks; he now requires psychological counselling," Fournier's lawyers Justin Wee, Justine Monty and Alain Arsenault wrote in their request for a class action.