A deaf and mute Red Deer man who was forcibly removed from the Red Deer provincial courthouse is seeking $1.5 million in aggravated and punitive damages in a civil suit.
Bill Berry, 54, filed the paperwork on Thursday.
The charges are in relation to a December 2011 incident when Berry, after entering the courthouse through the wrong doors, was pushed, grabbed and placed in a bear hug while sheriffs attempted to drag him from the courthouse.
An investigation concluded that the now former sheriff Thomas Bounds used “excessive” and “unjustified” force in the incident. The RCMP did not recommend charges.
The claim states there were no grounds for Berry’s detention or the use of force. As a result of the assault, Berry alleges he sustained injuries including post traumatic stress disorder and pneuomothorax and multiple contusions. Berry claims he is unable to perform valuable services such as child care because of the injuries. The suit states the action of the sheriffs were high-handed and malicious and an abuse of their authority. The claim states the conditions endured by Berry were inhumane and cruel and that the Crown is vicariously liable for the actions of the sheriffs.
Named in the suit are Bounds, Paul Vassallo, Vance Johnson, Wesley Allison, Mark Mercer and the Province of Alberta.
Berry is represented by the Edmonton-based lawyer Erika Norheim.
The defendants have not yet filed a statement of defence.
Video of the incident was captured from several of the courthouse cameras showing a chain of events from when Berry entered the building to when he was followed out by a sheriff and two medics.
The Crown stayed aggravated assault charges against Bounds in April.