Injuries changed Mitchell’s life ‘completely’
A Sault Ste Marie man who suffered broken ribs and a collapsed lung when arrested by police is now seeking $6.5 million in damages from Sault Ste. Marie Police Services Board.
Author of the article: Brian Kelly
Published Apr 10, 2018 • Last updated Apr 10, 2018 • 5 minute read
Timothy Mitchell wants $1 million in aggravated and punitive damages, $2 million for several factors including false arrest, assault and battery and malicious prosecution and $500,000 for breaches of the Canadian Charter of Rights and Freedoms. Another $3 million is sought on behalf of Mitchell’s five children, seven grandchildren and his eight siblings for “damages for intentional infliction of mental suffering, nervous shock, malicious breach of public duty, misfeasance of public office and negligence.”
“His injuries were life threatening, extremely serious,” his lawyer Davin Charney of Toronto-based Charney Law told The Sault Star on Tuesday. “It’s changed his life completely. Psychologically, physically, he’s injured permanently.”
The statement of claim, filed at Ontario Superior Court of Justice in Sault Ste. Marie on March 27, identifies Const. Matthew Keating and Staff Sgt. Ken Hruska as defendants alongside the police board.
Mitchell, 54, was arrested at his Weldon Avenue home in March 2016 for allegedly breaching his recognizance by drinking.
During the arrest, Keating struck Mitchell once in the left upper abdomen mid-section of his body. The statement of claim says Keating’s use of force was “intentional and calculated.” Mitchell was brought to Sault Area Hospital the night of his arrest, but no injuries were found. A CT scan done later identified the broken ribs and collapsed lung.
The 15-page document notes Keating was younger than Mitchell and weighed about 100 pounds more.
The statement of claim alleges Keating “made no effort to develop a rapport” with Mitchell and “did not seek voluntary compliance” from him when police arrived at his house.
“Mr. Mitchell was slightly intoxicated at the time, and he was surprised, disoriented and confused in light of the speed of the arrest and the force used against him,” the document reads.
After going to the police station, the statement of claim alleges Keating directed “abuse, provocative and demeaning comments” at Mitchell and “made statements to Mr. Mitchell with the intention to provoke and belittle him.”
Keating “abruptly and forcibly pushed Mr. Mitchell” when he sat on a bench and pushed him from behind once he was in a cell, followed by a “rude and abusive” gesture to Mitchell when the cell door was shut.
Two days after his arrest, a CT scan found internal injuries including bleeding and air escaping from his lungs into other parts of his body. He developed septic shock, acute kidney failure and an irregular heartbeat. Several surgeries followed with Mitchell in a coma for about nine weeks. He “came very close to dying,” the statement of claims says. At one point, Mitchell’s family was called to hospital because “it looked like he was going to die,” said Charney. Mitchell was in hospital for more than three months.
“Mr. Mitchell has developed serious health problems as a result of the injuries sustained during the arrest,” the document reads. His ailments include regular dizzy spells, memory loss, fatigue, reduced vision and hearing and an “irreparable” brain injury.
Mitchell is a “different person” since he was hurt.
“This really isn’t just a punch in the side,” said Charney. “This very nearly led to a fatality.”
Keating’s actions were “serious” and crossed the line from what is expected of police officers, says Charney.
“We’re talking about police officers who are supposed to protect people and serve the community, but instead we find that an officer is assaulting a person and then after the fact continuing to abuse them, further assault them and treat them in a way that is not simply negligent, but malicious and deliberately abusive,” alleged Charney.
Keating’s treatment of Mitchell, which Staff Sgt. Ken Hruska saw, but did not stop, is “deserving of a sanction by the court,” said Charney. Hruska demonstrates “the blue wall of silence” when officers do not speak up when they see other police officers mistreating the public, he adds.
“This is not a lone officer (Keating) acting in a way that’s unlawful, but it points to what I think is really the fundamental problem in policing in Canada which is a corrupt police culture,” he said. “It’s a culture of violence and that’s what we saw unfold with Mr. Mitchell where this officer was very quick to use violence, too quick, didn’t care for Mr. Mitchell at all and then just sort of further abused him and treated him like a piece of dirt.”
Hruska also did not allow Mitchell to call a lawyer or ask about his injuries before he was brought to a cell, the statement of claim says.
Chief Robert Keetch has read the document, but declined comment saying the matter is before the courts.
What action the police service will take, such as settling with Mitchell or going to court, will be decided in consultation with the department’s insurance company, legal counsel, city lawyers and the police board.
“All of those obviously have input in the matter that’s before the courts,” he said.
Donna Hilsinger, police board chair, also declined to speak about Mitchell’s statement of claim.
“It wouldn’t be appropriate for the police services board to comment on an active litigation matter,” she said in an email.
Marky and Nicholas Mitchell, two of Mitchell’s children who live with him, were “profoundly affected” by the police actions and injuries their father suffered.
“Nicholas witnessed at least some of the police use of force against his father in the living room,” the document says. “Marky and Nicholas have suffered psychological harm and mental distress as a result of the unlawful conduct of the defendants.”
Mitchell’s family has suffered “a loss of care, guidance and companionship” and borne costs due to helping him with his injuries.
Since his arrest in 2016, Mitchell is “a target for police harassment” by being “repeatedly” stopped by police while driving.
“Mr. Mitchell has been issued provincial offence notices without lawful justification,” the statement of claim says.
Mitchell is also being represented by Christopher Rapson of Charney Law.
Charney’s website notes his practice specializes in criminal cases alleging police wrongdoing. He has participated in more than 100 lawsuits and complaints against 15 Ontario police forces.
Mitchell was found not guilty of his charges by Ontario Court of Justice John Condon in February. Based on Condon’s concerns about police treatment of Mitchell, Sault Ste. Marie Police Service reviewed the matter. As a result, Ontario Police College will review the police force’s use of force training. Office of the Independent Police Review Director will probe how Mitchell was treated at the police station after his arrest.
Keetch told The Sault Star in late March the police service would review the Mitchell matter from “beginning to end” to ensure the department’s policies were being followed.