EDMONTON SUN
An Edmonton man is suing city police for $110,000 after alleging he was beaten and zapped with a Taser stun gun while he was in a cell at a community police station.
In a statement of claim filed in Court of Queen’s Bench on May 2, Gerald Van Yken says he was arrested by police on two counts of mischief following a disturbance complaint in northeast Edmonton on May 3, 2005.
Van Yken, who suffers from a liver disorder, was then taken to the Eastwood Community Police Station, 11845 81 St., and placed in a cell, says the statement of claim.
After “sitting patiently” in the cell for approximately 30 minutes, Van Yken began hitting on the bottom door of the cell with his foot, says the statement of claim.
The city man did this several times before Const. Greg Scott opened the door and asked Van Yken to withdraw from the door, says the statement of claim.
“Immediately following that request, Const. Greg Scott fired a Taser gun at the plaintiff,” says the statement of claim.
The lawsuit alleges Scott and possibly other officers then entered the cell and assaulted Van Yken.
Head stuns
Scott “delivered several head stuns” to Van Yken, forcing him to the floor, and then hit him with three mid-level stuns while he was down on the ground, says the statement of claim.
The lawsuit alleges Van Yken’s rights were violated. “These infringements constitute cruel and unusual punishment or treatment and extra judicial punishment.”
While on the floor of the cell, Van Yken was “restrained with excessive force” for about 20 minutes, which included one officer keeping his boot on the man’s neck, says the statement of claim.
In the lawsuit, Van Yken alleges he said: “You are abusing my neck. Please let me go,” however the officer continued to apply the excessive force to his neck.
Van Yken was in “extreme pain” in the area of his chest, ribs, spine and head following his release, and needed painkillers, says the statement of claim.
The lawsuit, which names Scott, two unidentified officers and deputy police chief Darryl da Costa as defendants, is seeking $100,000 in general damages and $10,000 in special damages.
Statements of claim contain allegations not proven in court. A statement of defence has not yet been filed.
tony.blais@sunmedia.ca
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