Daryl Slade (Calgary Herald) – An Exshaw man has filed a $2.5-million lawsuit against the RCMP and two constables for allegedly repeatedly Tasering him during an arrest in Banff two years ago.
In the statement of claim filed this week at Court of Queen’s Bench in Edmonton, Adam Dormer, 26, says the conduct of the officers “constituted flagrant abuses of their authority, was high-handed and malicious and warrants an award of aggravated and punitive damages.”
The lawsuit comes amid continued controversy over police use of Tasers. On Thursday, British Columbia directed all police officers in the province to “severely restrict the use” of Tasers. The move followed an inquiry into the death of Robert Dziekanski, a Polish immigrant who died after being shocked with a Taser at Vancouver’s airport in 2007.
Dormer’s lawsuit stems from an incident in July 2007.
He alleges the officers “arbitrarily and unlawfully” told him he was going to jail, then grabbed his arms and Tasered him five times.
He claims three of the Taser deployments just after 1 a. m. July 21 occurred after he was handcuffed, then he was unlawfully kept at the RCMP detachment in Banff overnight.
Dormer alleges the two officers initiated charges against him “without proper grounds, maliciously and for an improper purpose.”
Dormer was acquitted of obstructing a peace officer by provincial court Judge John Reilly in January. In his decision, Reilly said his finding was based on the fact the officers had no right to arrest Dormer and that he was subjected to excessive force when Tasered while in handcuffs.
The decision was subsequently upheld by Court of Queen’s Bench Justice Marsha Erb in June.
None of the civil allegations have been proven in court. No statement of defence has been filed.
RCMP Cpl. Wayne Oakes said the matter is before the court and “we are prohibited from talking about it.”
“We cannot do or say anything that could be perceived as interfering with the judicial process.”
Dormer, a six-foot-nine carpenter, alleges he suffered painful personal injuries requiring medical attention, and suffered mental anguish, humiliation and injury to his dignity.
He claims he incurred fees and expenses, lost income and severe stress and mental anguish as a result of having to stand up against the charges.
Constables Casey Murphy and Marc-Andre Fournier are named as defendants in the lawsuit. Murphy testified at trial that he encountered Dormer, whom he described as being intoxicated, on Banff Avenue that night.
He said Dormer was yelling and swearing and becoming aggressive, ignoring multiple warnings to be quiet. The officer said when Dormer became combative and would not co-operate, he warned him he would be Tasered. He testified he Tasered him only twice.
Dormer, however, presented photographic evidence that appeared to show five separate Taser burns on his neck.
Recent Comments