| fliptuner | 09-23-2009 11:16 PM |
Judge rules police falsely arrested, imprisoned man
Apparently, a common occurence in West Van..... http://www.canada.com/vancouversun/n...913959&k=71195 Quote:
A North Shore man who says he was repeatedly harassed by West Vancouver police because of his scruffy looks has won a lawsuit against the police department for wrongful arrest.
Don Sipes, 47, launched the civil action against West Vancouver in small claims court, suing the municipality for $24,000 in damages after he said he was illegally arrested, detained and handcuffed by a West Vancouver police officer.
Provincial Court Judge Carol Baird Ellan ruled this week the officer involved had no reason to arrest Sipes as he walked to a bus stop on Marine Drive in January 2006.
Sipes, until recently a resident of West Vancouver, claimed to have been stopped by the WVPD about 30 times for no reason.
Ellan said the arresting officer was likely directed by a fellow officer who had a history of stopping Sipes.
Sipes said the ruling was an important victory after years of being stopped by officers.
He described what happened to him as "downright discrimination on behalf of an out-of-control police department."
"I know I'm not the only one," he added. "I've seen others subject to the same abuse."
Sipes, who grew up in West Vancouver and until recently lived there, said he has been stopped by police while walking to a bus stop, or near his mother's house in Horseshoe Bay.
"They'd want to know where I'm going, what's in my pockets," he said. "I'm just plain not allowed in West Vancouver."
When he was stopped on Jan. 25, 2006, Sipes said he'd had enough. He had seen one officer -- Cpl. Jag Johal, who had stopped him several times before -- drive by. Soon after, Const. Jeff Palmer drove up in another police car and told him to stop for questions. When Sipes refused, Palmer arrested and handcuffed him.
Palmer told the court he was investigating a complaint about a possible fraud artist at Park Royal Shopping Centre, described as having short spiky hair. He said Johal had radioed him that Sipes might be "a good check."
But under cross-examination, Palmer agreed he knew Sipes -- who has long curly hair -- didn't fit the description of the suspect.
The judge found West Vancouver liable for false detention, arrest and imprisonment of Sipes. Monetary damages are to be determined later.
Police Complaint Commissioner Dirk Ryneveld ruled in 2006 that Palmer had abused his authority.
Laura Track of the Pivot Legal Society, who represented Sipes, said it's unusual for anyone to file a lawsuit against the police, let alone win it.
"When people are the target of police harassment, the last thing they want to do is bring more attention to themselves," she said. "It's not an accessible process, and it's not a cheap process.
"What's important to him is this doesn't continue to happen," she added.
Track said Sipes was a victim of police profiling. "It's fishing, based on how someone looks," she said. "[Sipes] does look a little rough around the edges. He doesn't look wealthy. Perhaps from the police perspective he may look a little out of place in West Vancouver."
Sipes said he hasn't been stopped by police since filing the lawsuit.
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