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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3502
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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Okay, here's the deal, I was taken into police custody last

Customer Question

Okay, here's the deal, I was taken into police custody last weekend on what they thought to be a domestic assault, The man who they thought I assaulted made it very clear that was not the case. We had a yelling match, that's it.
I have REALLY BAD ANXIETY when it comes to men because of sexual abuse issues when I was a child. I made the officers well aware of this as it is a severe mental disorder that I can not control, I Begged them to let the female officer deal with putting cuffs on me, and they refused, instead I was basically tackled by two males.
As if this wasn't a bad enough shock to my system, when they took me to the police station I was stripped down to my underwear because I was trying to block the light from my eyes so I could sleep. I ended up having a total flashback(like I've had little ones, but nothing this bad)to my traumatic past and am likely going to need another round of therapy to deal with these memories. I was wondering if I am within my rights to sue them for human and civil rights violations. I had sustained cuts and bruises to my arms from the MALE officer who twisted my arm(I spat at him when He refused to let go because He was honestly going to break my wrists) and now I am up on charges for not only a domestic assault that never took place, but because of the officers unwillingness to respect my mental illness I am also being charged with Assault on a peace officer and resist arrest. I have a video of them arresting me and pictures of my injuries. I am not a criminal, I am a normal 21 year old girl who has been trying to get over a horrible past and this experience just set me back to zero. Do you believe this case is strong enough to pursue ?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question. I'm sorry that you went through this, it sounds horrible.

Firstly, while discussing this please don't use any specific details that might identify you. You're facing criminal charges and you don't want to say anything here that can be attributed to you directly which if the police find it for any reason, could be used against you. I'm not your retained counsel so we have no solicitor-client privilege in our communications.

You ask if you have grounds for a civil suit. I can't guarantee that you do, but it sounds to me that it's very likely. Much will depend on whether you have a specific diagnosis which the police could have discovered if they had bothered to check once you told them about it.

It's good that you have pictures and some records, please keep trying to gather information and keep a journal of who you speak to about what regarding this case and what information you get from whom.

See a civil lawyer as soon as possible. Finding one who will bring an action against the police might take some searching, but they are out there. That lawyer will likely not want to start an action while the criminal charges are outstanding, but you'll have to go along with what they recommend.

You'll need to quantify your damages, so think about the ways in which the actions of the police caused you harm and think about what specific dollar value could be reasonably attributed. To get a large dollar amount for pain/suffering or punitive damages takes a highly convincing level of evidence so please don't assume you have a large payout coming.

This is certainly the right political environment for such an action; the police have been under fire lately in many jurisdictions for being heavy handed when dealing with those who have a legitimate mental illness.

Is there anything else to discuss about this? If I've answered you then I'd appreciate a positive service rating please.

Expert:  Ulysses101 replied 1 year ago.

Hello, I'm still here. Did you have your court date?

I won't bug you. If you don't need any more help from me, then don't forget about your deposit to the site if you made one. You can ask for the deposit back or leave it with the site for a future question.


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