EDMONTON — An Edmonton man has filed a lawsuit against city police alleging he was the victim of “excessive force” and was choked, kicked and pepper sprayed.
According to a statement of claim filed May 11, Cory Royer was arrested and charged with assaulting a police officer and resisting arrest after an incident at Eastglen High School on May 12, 2008.
Royer alleges Const. Terry Mishio used “unprovoked and unwarranted” force on him by poking, pushing and ripping a chain off his neck.
The 20-year-old also claims Mishio struck him in the head, choked, kicked, pepper sprayed and threw him head-first into the sidewalk.
Royer was acquitted on July 23, 2009, when a provincial court judge ruled the officer had let it become “personal” and went overboard.
Royer has also named Chief Michael Boyd and media relations spokeswoman Karen Carlson as defendants, claiming he was portrayed at a press conference as a “hoodlum” who participated in the “swarming” of an officer outside a city high school.
A statement of defence has not been filed. Statements of claim contain allegations which have not been proven in court.
Royer further claims Boyd deliberately or negligently created the false impression among the media and members of the public that he had participated in the “swarming” of a police officer.
Royer also alleges Carlson put out a news release designed to create the same impression.
As a result of the alleged actions by police, Royer claims he suffered agonizing pain, stress, mental anguish, humiliation, embarrassment and injury to his dignity. He also alleges he lost confidence in and respect for the police and suffered a loss of income and earning capacity.
Meanwhile, a man accused of kicking Mishio in the head and knocking him unconscious during the same incident is still before the courts.
David Patton, 22, is slated to appear in court June 10 on several charges.