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Winnipeg Free Press - PRINT EDITION

Police sued for alleged assault on suspect

By: Gabrielle Giroday

24/11/2009 1:00 AM | Comments: 2

A city man has filed a lawsuit against the Winnipeg Police Service alleging an officer kicked him in the stomach and sent him to hospital for emergency care. In a statement of claim filed Friday, Henry Lawrence Lavallee alleges he was assaulted by two Winnipeg officers on November 22, 2008.

The claim alleges an "unprovoked and brutal" assault by police on Lavallee after he and a friend were arrested for breaking into a vehicle. The statement of claim says Const. Ryan Law and a second unnamed WPS officer were involved. This June, police announced that Law was charged with aggravated assault in connection with Lavallee's arrest. At the time, police said Law had three years experience with the force and he was put on administrative leave following his arrest.

In his statement of claim, Lavallee alleged he was punched by an unnamed second officer as he was pulled out of a police cruiser to be led into the Public Safety Building.

He said he was then placed in a lock-up room of the Public Safety Building, where he lay on the floor until Law entered the room and allegedly kicked him in the abdomen.

Lavallee alleges he requested medical care but was refused, until he arrived at the Remand Centre and began vomiting blood. The statement of claim said Lavallee was rushed to St. Boniface Hospital where he received emergency surgery. It says the police used "an excessive amount of physical force in restraining" Lavallee, and the alleged assault has caused pain and disability.

The statement of claim also names WPS Chief Keith McCaskill as a defendant in the case.

It does not state how much Lavallee seeks in damages.

The WPS said its legal department has not been served with the statement of claim and they did not comment Monday because the case was before the courts.

-- Gabrielle Giroday

Republished from the Winnipeg Free Press print edition November 24, 2009 B4

History

Updated on Tuesday, November 24, 2009 at 12:09 PM CST:
WPS Chief Keith McCaskill is named in the statement of claim as a defendant in the case. Incorrect information appeared in a previous version of this story.

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