Man tasered in home sues RCMP, officer

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This article was published 25/02/2025 (224 days ago), so information in it may no longer be current.

A man who claims ongoing trauma two years after being unreasonably incapacitated with an electroshock weapon during an unjust arrest is suing the RCMP and the officer who fired the Taser.

Winnipeg lawyer Karl Gowenlock filed the statement of claim in Court of King’s Bench last week on behalf of Leonard Braun, who lives on a farm in MacGregor.

The claim names the Royal Canadian Mounted Police and Const. Jamie Pius O’Brien as defendants. Neither have filed statements of defence and RCMP spokeswoman Michelle Lissel declined comment Monday.

Braun is seeking damages, including for charter breaches, to be determined, as well as interest and court costs. He alleges he suffers from ongoing anxiety and fear.

The lawsuit stems from a Feb. 16, 2023 incident at Braun’s home, after which he was charged with assaulting a peace officer. Court records confirm the charge was stayed in Portage la Prairie provincial court last October.

Braun and his spouse were in the process of separating. She, their daughter and some friends had been helping move her belongings from the MacGregor property, and one of the friends called for O’Brien to “keep the peace,” the court filing says.

O’Brien and his partner arrived in a marked RCMP vehicle a short time later. After speaking with Braun’s spouse and her friends, O’Brien knocked on the home’s locked door, which Braun did not open. Instead, he opened an adjacent kitchen window to speak with the officer, the document says.

Braun “indicated he would not open the door and requested that the defendant … and his partner leave the property,” it says.

Braun told the officers his spouse had already removed her belongings and everything else in the house was shared property, before shutting the window.

O’Brien then tried to go in the door with a key given to him by Braun’s spouse, but Braun prevented him from getting the door open, according to the claim.

The officer went back to the window and knocked, demanding to be let in, before Braun again told him he was not welcome.

“This seemed to anger the defendant,” the court papers allege. “(Const.) O’Brien placed his arm between the window and the house in order to prevent the plaintiff from being able to close the window.”

Braun tried to close the window — an awning style that winds shut — which the lawsuit claims caused O’Brien to “lose his temper” and accuse Braun of assaulting him, before pulling on the window until it shattered.

The lawsuit alleges O’Brien, with his partner following, then kicked open the door as Braun stood in the foyer, about three or four metres away.

The police officer then pointed his Taser weapon at Braun and yelled at him to put his hands above his head. Braun claims he complied as O’Brien “continued to yell at him and appeared very angry,” before turning around with his hands above his head, at which point O’Brien used his Taser on him, causing him to lose consciousness momentarily.

Braun alleges that as O’Brien led him to the RCMP vehicle, he slipped on ice and fell on his face while handcuffed, causing further injuries. He was taken to the hospital in Portage la Prairie.

Braun claims the charge and the trip to the hospital was “extremely embarrassing” and negatively affected his reputation.

The court filing claims O’Brien testified during criminal court proceedings last year that he did not have the grounds to enter the residence before the alleged assault on him, and that it would not be appropriate to get a warrant once the alleged assault occurred.

The filing alleges O’Brien told court he put part of his body between the window and house to prevent it closing, which the lawsuit claims constituted him acting outside of his lawful duties.

It alleges the entry to the house and use of the Taser were not authorized by law, and that even if the entry and arrest were lawful, the use of the Taser was unreasonable.

erik.pindera@freepress.mb.ca