Justice E. David Crossing said the “wrongful act” of the officers in 2016 continues to affect the trucker
But Crossing said the “wrongful act” of the officers in 2016 continues to affect Degen.
The two officers on July 25, 2016, were called to the Surrey neighbourhood where the Vancouver Cedar lumberyard is located by a resident who said he had seen someone possibly drunk, stumbling and urinating outside a semi-truck parked on the street next to the lumberyard.Article content The officers arrived and pounded on both doors before climbing up on the truck and shining a flashlight on him as he slept. It was difficult to hear anything and he turned the high idle to low, which only “slightly reduced the sound.” He lowered the driver’s side window two or three inches and could hear the officers yelling at the plaintiff to open the door.Article content
They advised him he was under arrest and broke the window and one of the officers punched him because he believed Degan was about to assault him. Degen did then punch one of the officers and he was then Tasered by both of the officers. “I consider the use-of-force to break the window to have been objectively reasonable in the circumstances,” wrote Crossing.
Degen said he suffered several injuries, backed up by doctor’s reports, that included left wrist sprain, head injury, lacerations, dizziness, headaches, sleeplessness, impaired memory, cognition and reaction time, blurred vision, psychological injuries, depression, anxiety, impaired speech, irritability and emotional lability.Article content
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