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Police battery and false imprisonment claims dismissed; plaintiff found not credible.
The plaintiff sued the police service, the police services board, the chief of police, and three uniformed officers for battery, false imprisonment, and malicious prosecution arising from a welfare check in the early morning hours of November 23, 2014.
Officers responded to a 911 call from a woman in the plaintiff's bathroom and, after the plaintiff pushed an officer, arrested him and used force to bring him under control.
The court found the plaintiff not to be a credible witness, identifying numerous inconsistencies between his testimony, his prior statements, and the objective medical evidence.
The court accepted the officers' account that the plaintiff initiated physical contact, that only necessary force was used in effecting the arrest, and that the officers entered lawfully.
Judgment was granted to the defendants.
Claims for negligence, assault, and Charter breaches arising from a police dynamic entry were dismissed.
This case concerns a civil action brought by the plaintiffs against the Niagara Regional Police Service and individual officers for alleged negligence, assault, and breaches of their Charter rights during the execution of a search warrant.
The police conducted a dynamic entry into the plaintiffs' home, where their son, suspected of drug dealing and firearm possession, resided.
The plaintiffs claimed psychological injuries, property damage, and mistreatment during their detention.
The court found the plaintiffs' testimony lacked credibility and preferred the defendants' expert psychiatric evidence.
It concluded that the police acted reasonably and within their duties, dismissing the plaintiffs' claims for lack of compensable damage, absence of a causal connection to a breach of the standard of care, and no proven serious psychiatric injury.
