Edmonton Police Watch

An Edmonton man who was shot by a city cop in August after reportedly refusing to drop a knife he was carrying has launched a $1-million lawsuit against police.

In a statement of claim filed Jan. 5, Percy Davis alleges he was pepper sprayed and shot by Const. Myles Stromner, despite the fact he was retreating from the officer.

Davis, 26, claims he suffered serious and painful injuries requiring hospitalization, including the loss of one of his lungs, and has lost income and earning capacity and suffered a permanent deterioration of his quality of life.

The statement of claim, which names Stromner, eight unidentified police officers and Chief Mike Boyd as defendants, also alleges Davis was unlawfully detained, beaten and zapped with a Taser by police on several occasions.

Davis alleges he was living with his parents, Glen and Rose Davis, at their 3008 113 Ave. home when four city police officers showed up on Jan. 4, 2007.

Once inside, the officers allegedly ordered the parents to remain on the second floor while they interviewed Davis.

The officers then unlawfully handcuffed Davis, punched him in the jaw, used a Taser on him, confiscated his Alberta Health and Treaty cards and forced him to submit to a drug test, according to the statement of claim.

Davis also alleges he was unlawfully detained, searched, beaten and stunned by a Taser by four other unidentified officers sometime later in 2007. He also alleges he had previous dealings with Stromner prior to the Aug. 8 shooting.

On Aug. 29, 2007, Davis alleges Stromner came to his house and asked him to come outside to talk.

When he complied, Stromner allegedly handcuffed him and detained him inside Stromner’s police vehicle.

Davis alleges Stromner then abused his authority by insulting, demeaning and belittling him and stomped on his bare foot while releasing him and also shoved him.

Davis also claims Stromner later unlawfully stopped him and falsely accused him of stealing a car.

The lawsuit, which seeks aggravated and punitive damages as a result of the alleged flagrant abuse of authority and high-handed and malicious police conduct, as well as $50,000 in damages on behalf of Davis’ parents, alleges Boyd is liable for the actions of the EPS members.

A statement of defence has not yet been filed.

Statements of claim and statements of defence contain allegations which have not been proven.

Meanwhile, Davis has been charged with possession of a weapon dangerous to the public peace and assaulting a peace officer stemming from the 9:30 a.m. Aug. 8 shooting in the parking lot of Abbottsfield Mall.

At the time, police said the officer had responded to a report of a man with a knife and had asked the man several times to drop the weapon. When he didn’t comply, the officer deployed pepper spray, which didn’t seem to have an effect. The officer then fired two shots, said police.

via edmontonsun.com – Edmonton News – City man shot by police files $1-million suit.