The wife of a man who is permanently brain injured following an altercation with police two years ago and who now requires constant care has filed a civil case against a former Terrace RCMP officer.
Heather Prisk-Wright filed the notice of civil claim on behalf of her husband Robert Wright against Const. Brian Heideman for financial damages for her present and future husband's care, including for pain, suffering and loss of enjoyment of life, medical expenses, medications, mileage, therapies, equipment, past and future wage loss and loss of earning capacity, aggravated, exemplary and/or punitive damages, damages pursuant to the Health Care Costs Recovery Act, legal costs, and any other relief as the court deems fair.
Prisk said the trial date is set for Feb. 22, 2016 for 20 days.
A statement of defence has yet to be filed.
Prisk's filing says Wright was pulled over in a police traffic stop at or near the 4400 block of Legion Ave., April 21, 2012.
Constables Carl Hufnagel and James Lauriault handcuffed him and took him into police custody to the holding cells at the Terrace detachment, read the statement.
The two officers plus Heideman took Wright into a cell, where he was told to kneel on a concrete bench above the floor and, while kneeling on the bench in an uncomfortable position, Wright tried to reposition his legs at which point Heideman “violently, unexpectedly and negligently threw the plaintiff (Wright) to the ground, causing the plaintiff's head 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,” read the statement.
“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....” continued the statement.
“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....” continued the statement.