Kelowna Mountie faces second lawsuit alleging 'excessive force'

A Kelowna RCMP officer is facing a new civil lawsuit seeking damages caused by excessive force during an arrest.

The lawsuit, filed Monday in B.C. Supreme Court, alleges Kelowna RCMP Const. Julius Prommer kicked a woman in the back of the leg — resulting in a fracture — during a visit to her home in response to a noise complaint.

Another lawsuit, filed earlier this year, alleges Prommer broke a man's hand during a September speeding stop.

Kelowna RCMP officers have been named in at least half a dozen lawsuits this year, alleging excessive force and misconduct.

The most recent lawsuit was filed by Kelowna resident Judith Reid, who says in the statement of claim that the incident began when RCMP officers were responding to a neighbour's noise complaint in February 2019. 

When she was confronted by officers at her apartment door, Reid states she went to a bedroom to get her phone so she could record the encounter. 

"Without any invitation of provocation, Prommer entered the plaintiff's room and forcibly kicked the back of the plaintiff's leg," court documents state.

As a result of the assault, Reid "fell to the floor in excruciating pain," says the statement of claim. 

RCMP called an ambulance to the scene. Reid was taken to Kelowna General Hospital, and then to the RCMP detachment for processing. Reid claims she was placed in the "drunk tank." 

No charges were filed.   

X-rays done later revealed a leg fracture, which required surgery.

Reid is seeking unspecified damages for harm caused by the incident. The claims have not been tested in a court of law.  

IIO ruled officer did not use excessive force

The Independent Investigations Office of B.C. released a report on the incident in 2019. Based on witness testimony and evidence, the police watchdog ruled Const. Prommer did not use excessive force.

The report says that during an arrest for breach of peace, Reid "attempted to pull away by twisting her body … which caused her to lose her balance and she fell to her left side."

It says the officer also fell to the floor. 

The report indicates Reid was argumentative during the incident, and "was clearly causing a disturbance," but criticized officers for failing to obtain a warrant before entering the apartment.  

B.C. RCMP's E-division responded in a written statement to CBC News.

"We welcome further examination of the facts through the civil court process," said Staff Sgt. Janelle Shoihet.

"The allegations contained in this claim have previously been subject to examination by both the IIO B.C., as well as the public complaint process. In both cases, the officer was found to have acted within the scope of his duties and used only the amount of force as was necessary."

Const. Prommer remains on active duty.

The IIO is still investigating the circumstances surrounding the events outlined in the other lawsuit, where it's alleged Prommer broke a man's hand during a speeding stop.