Judge awards trucker tasered by Surrey Mounties $317K in damages
A semi-trailer driver who was tasered by Surrey Mounties after he pulled over outside a Surrey lumberyard to catch 40 winks has been awarded $317,120 by a B.C. Supreme Court judge.
“There is controversy in the evidence concerning the unfolding of events at this point, but what is clear is the plaintiff remained in his locked vehicle and the officers were frustrated in their attempts to engage with the plaintiff regarding the complaint,” Crossin noted. “Matters shortly evolved to the point where the police believed there existed lawful grounds to arrest the plaintiff for obstruction of justice and, in fact, so proceeded to effect the arrest.
Degen testified he told the officer at his window that he was there to deliver a load, said “you guys got the wrong guy” and “I’m going back to bed.” He conceded he might have told the officer or officers to “f—k off.” He brought his truck back up to high idle and rolled up the window, causing the officer at the driver’s side to let go of his grip and jump or fall to the ground.
“Inspector Harris came to the view that based upon the assumed facts; in both scenarios, neither officer had reasonable grounds to begin using force on the plaintiff,” Crossin noted. “Constable Spoljar testified that from his perspective, at that point, you had a person you are attempting to investigate for impaired driving, sitting in the driver’s seat of a running vehicle, telling the police to ‘f—k off,’” Crossin noted in his reasons.
Sergeant Brad Fawcett provided expert opinion evidence on police use of force. He concluded Degen demonstrated active resistance and assaultive behavior and the range of force options appropriate in the circumstances.He found the use of force to break the window to “have been objectively reasonable in the circumstances” and assigned no liability “for the harm resulting from the closed-fist strike.
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