The plaintiff brought a civil action alleging assault and excessive force by police officers during an arrest that resulted in a shoulder injury.
The plaintiff conceded that the officers had reasonable and probable grounds for arrest but argued that the arresting officer used excessive force.
The court found that the officer used only a simple grab to pull the plaintiff away from discarded drugs and another suspect, causing the plaintiff to fall and injure his shoulder.
Applying principles under s. 25 of the Criminal Code and relevant case law on justified use of force, the court held that the force used was reasonable in the circumstances.
The action for damages was dismissed.
