A Regina man has filed a lawsuit against two city police officers following an incident where he claims he was thrown to the ground.
James Escamilla is taking Cpl. Colin Magee and Cpl. Steve Wyatt to court after an incident on Dec. 7, 2016.
None of the facts provided in the statement of claim have been proven in a court of law.
Escamilla claimed he had just gotten into a cab to go to the Salvation Army Waterston Centre, where he worked, around 12:20 a.m. when lights flashed from a police cruiser behind them. He then said he got out of the cab and walked to the officers.
He claimed he was questioned by the officer, Magee, and was asked to prove where he lived.
Wyatt was present, but did not immediately engage in questioning Escamilla.
According to the statement, Magee – “without warning, and moving quickly and abruptly” – attempted to take Escamilla’s driver’s licence without asking.
Escamilla claimed he was “startled” by Magee’s movement and pulled his hand back, at which point the officers allegedly grabbed him and threw him to the ground.
Within seconds, Wyatt began to assist Magee. Both allegedly threw Escamilla to the ground, proceeded to knee him in the hips and back, knelt on top of him and wrenched his arms.
While on the ground, Escamilla said he asked to speak to a supervisor. Magee reportedly replied, “I am the supervisor.”
The claim alleges Escamilla was handcuffed, put into a police cruiser and taken to the police station.
He was allowed to leave the station after he received legal advice and refused to fill out a statement.
He took a cab to Regina General Hospital for examinations. He was there for seven hours.
Escamilla claims to have suffered injuries including “bleeding and bruising to the left side of his face, bruising on his left wrist, psychological pain and suffering and long-term injuries to his right knee.”
The statement indicates the injuries to his right knee may permanently impact it and, “in addition to pain and suffering and psychological harm, may impact his enjoyment of life on a permanent basis.”
Escamilla said he was a distance runner and, prior to the incident, exercised on a daily basis.
He is seeking an unspecified amount in damages and costs. The claims said the two defendants would not pay the costs directly because under their contracts, the City of Regina would pay whatever the court ordered.
Magee has been charged with criminal assault as a result of this incident. He is set to appear in court in August.