Winnipeg officer sued for at least the 10th time

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This article was published 19/03/2024 (597 days ago), so information in it may no longer be current.

A Winnipeg police officer, who has been repeatedly accused of misconduct, is being sued over an alleged unlawful arrest in which a man was Tasered and kneed.

Lawyer Martin Pollock filed a lawsuit against patrol sergeant Jeffrey Norman last week on behalf of East St. Paul contractor Leo Marcel Lafreniere. The suit also names officer Jason Chymyshyn and the City of Winnipeg. A statement of defence hasn’t been filed.

It is at least the 10th time Norman has been named in a lawsuit while working as a city police officer — and it’s the second time Chymyshyn has been sued. The outcomes of the litigation against Norman, who has been a Winnipeg officer for more than two decades, have largely remained behind closed doors.

The new suit, which relates to an Oct. 1, 2022 traffic stop, says Lafreniere rode an electric bicycle into a parking lot near Logan Avenue and Gunnell Street, after Chymyshyn directed him to stop by activating the cruiser’s emergency lights.

Chymyshyn asked Lafreniere for his licence and registration, and while he was retrieving it, Norman arrived in a second police vehicle, the suit says.

Lafreniere claims he was explaining regulations about electric bicycles with pedals, while Chymyshyn “talked loudly over him.”

The suit says Lafreniere further tried to explain that the bike’s pedals and insurance were in a locked compartment that he needed to open with the ignition key, but Chymyshyn ignored him.

Lafreniere continued to protest as Norman approached them. The plaintiff asked again why he had been stopped and Chymyshyn said it was for failure to comply. Lafreniere continued to protest against the traffic stop and Chymyshyn said he was being arrested for resisting arrest, the claim says.

The officers took hold of Lafreniere’s arms, before Norman ordered him to put his hands behind his back. Lafreniere was complying with the order, but Norman wrenched his right arm to meet his left arm behind his back for handcuffing, the claim alleges.

The two officers wrestled Lafreniere to the ground and Norman unholstered his Taser and shocked him with it “numerous times,” the suit says.

Norman kneed Lafreniere in the groin, the lawsuit claims, but Lafreniere did not threaten the officers or use force against them.

The plaintiff was charged with resisting arrest and four offences under the Highway Traffic Act, all of which were later stayed by the Crown, court records show.

He had to pay more than $800 to get his electric bike back after it had been impounded. The $500 that officers seized from him wasn’t returned, the suit alleges.

Lafreniere claims his arrest was unreasonable and that he had a right not to comply, while Norman’s conduct amounted to assault and caused immediate harm and post-traumatic stress disorder.

He alleges his charter rights were violated and he is seeking damages, to be determined by the court.

Winnipeg Police Service public affairs director Kelly Dehn declined to comment.

The city has issued financial settlements in more than one lawsuit against Norman, the Free Press found in a previous investigation, but refused to reveal how many or for how much money.

The veteran officer has also been subject to multiple complaints under the Law Enforcement Review Agency and at least one probe by the Independent Investigation Unit of Manitoba, in which a cyclist alleged Norman had detained in error and pepper-sprayed him in April 2019.

In the IIU probe, the Crown decided there would be no likelihood of conviction.

In December, a Court of King’s Bench justice ruled that allegations and the subsequent reply in a 2015 lawsuit against Norman and Chymyshyn were an abuse of process because the issues already had been addressed by the provincial court during criminal proceedings.

Ian Histed, the lawyer for plaintiff Patrick Culligan, filed a notice of appeal to the Manitoba Court of Appeal last week.

Culligan was convicted of several criminal offences in provincial court, including resisting a peace officer, possessing cocaine and breaching a court order.

erik.pindera@freepress.mb.ca