Manitoba man sues RCMP over spinal cord injury he alleges was caused by arrest

A western Manitoba man is suing the RCMP for a spinal cord injury he alleges was caused by officers during a well-being check at his home, and he accuses police of planning the attack.

The Neepawa man suffered a back injury, paralysis, intense pain requiring surgeries and a two-month hospital stay after allegedly excessive force was used by police during an April 24, 2023, arrest, the lawsuit claims.

The statement of claim, filed March 5 with the Court of King's Bench in Brandon, Man., says police arrived at the man's home to apprehend him under the Mental Health Act after his mother told police he sent her a text message threatening suicide.

Const. Eric Unrau, Const. David Lisoway and Sgt. David Taggart acted in "wanton disregard for the plaintiff's safety," the lawsuit alleges, and were motivated by malicious purposes other than the law.

The lawsuit is against the three officers, the RCMP and the Attorney General of Canada.

The man claims his "life and happiness have been destroyed" as a result of the arrest, while suffering "embarrassment and heartbreak" in addition to serious physical injuries. He's seeking general damages, loss of income, legal fees and other restitution, but no dollar amount is given in the lawsuit.  

Plaintiff denies he was resisting arrest

The man had undergone back surgery 10 months before the arrest but was recovering well and moving without pain by the time he was awoken out of sleep by several officers pounding on a window and the front and back doors of his home.

When he opened the door, the officers acted as if he had committed an offence against his mother and she had complained to police, the lawsuit says, with Lisoway informing the plaintiff he had seen the text to his mother.

The man said he did not threaten his mother, and Lisoway responded by shaking his head and looking down "with a disgusted look on his face," according to the statement of claim.

Unrau then yelled at the man to stop resisting arrest and tackled him to the floor, pressed his knee into his back and placed a baton under his neck and lifted it, the court document says.

"The plaintiff denies he was resisting arrest in any fashion," the claim says.

"The plaintiff was not ever charged with resisting arrest or any other crime."

The lawsuit says Unrau continued to lift the baton under his neck until he lost his breath and became unconscious.

The injury to the man's back caused "immediate paralysis" that didn't allow him to stand and was made worse by police attempting to lift him instead of waiting for an ambulance, the lawsuit alleges.

"The plaintiff was obviously injured and the officers all knew… the plaintiff needed to be properly and safely moved to the hospital, only by paramedics and ambulance," the statement of claim says.

The statement of claim says the officers did not allow doctors to help the injured man after he was taken to hospital, and only allowed him to get psychiatric care.

"The officers failed to inform any doctor at the hospital that the plaintiff was suffering from serious injuries and back pain," the statement of claim says.

A week after the incident, the man went back to hospital for the pain and was eventually sent to see a doctor in Winnipeg, "who did a nerve conduction test and determined that the RCMP officers damaged the plaintiff's spinal cord," it says.

Disregard for plaintiff's safety

The statement of claim says police knew about the plaintiff's back condition, because the man's mother had informed them while explaining his mental state during her report.

The man also called out to police about his back surgery during the assault, the lawsuit says.

The statement of claim says the man now lives in fear of police and worries he won't be able to work in his profession as an auto mechanic again as a result of his injuries.

His injuries include bowel and urinary incontinence, nerve damage and a lack of feeling in his right foot, as well as constant back pain. Doctors say he may also need his back fused and he's waiting for additional surgeries, the lawsuit says.

The statement of claim accuses the officers and the RCMP of negligence, defamation, harassment, malicious persecution and disregard for the plaintiff's safety and rights. It alleges Lisoway and Unrau failed to properly advise the man of their intent or provide their intent in writing.

The lawsuit also says the man has suffered damage to his reputation and a loss of goodwill, and accuses the officers of telling people he threatened his mother, as justification for the assault.

"The plaintiff heard the officers talking in the hallway... and either David Lisoway or David Taggart said, you shouldn't of threatened your mother," the statement of claim sats.

"The plaintiff believes by their behaviour and their comments that the officers planned to hurt the plaintiff before they entered the plantiff's home."

No statement of defence has been filed.