A MAN who ended up brain injured after being arrested and hitting his head in police cells in April 2012 is suing the officer involved for damages.
Robert Wright and his wife Heather Prisk-Wright filed the civil lawsuit in Vancouver Supreme Court today against former Terrace RCMP Const. Brian Heideman who was transferred to Vernon last year.
In the civil claim notice, it alleges that on April 21, 2012 Wright was pulled over on Legion Ave in a police traffic stop.
He was handcuffed and taken to the detachment cells and was directed to kneel on a concrete bench above the floor, the civil claim continues.
“While kneeling on the bench, and in an uncomfortable position, the plaintiff (Wright) sought to reposition his legs and the defendant Heideman violently, unexpectedly and negligently threw the plaintiff to the ground, causing the plaintiff’s head to strike a concrete bench, metal toilet and/or the cell floor, and causing the plaintiff to sustain injuries, the most significant of which was a traumatic brain injury and thereafter dragging the plaintiff across the cell floor while unconscious and kneeling on his backside….
“The incident resulted in the plaintiff being assaulted, battered and/or negligently injured by the defendant Heideman who used excessive and negligent amounts of force when dealing with the plaintiff.
“As a result of the incident, the plaintiff suffered and will continue to suffer personal injuries, particulars of which are as follows: traumatic brain injury, lacerations to the head; injuries to head; neck and or/back; various lacerations, abrasions and contusions; depression; anxiety; and other injuries and deficits.”
In the suit, Wright is seeking general damages for pain, suffering and loss of enjoyment of life; special damages for medical expenses etc., damage for an “in trust” claim for Prisk-Wright; damages for future wage loss and loss of earning capacity; for future care; for management fee; for tax gross up; interest pursuant to the Court Order Interest Act; aggravated, exemplary and/or punitive damages; costs; damages pursuant to the Health Care Costs Recovery Act and such further and other relief as the court deems fair.
The suit also names the Province of B.C. as a defendant.