Police unlawfully stopped, Tasered Black U of T student while kneeling on his neck, lawsuit alleges
CBC
A University of Toronto student and his mother are suing three Toronto police officers alongside the Toronto Police Services Board and seeking damages of just under $3 million, alleging that Hasani O'Gilvie was unlawfully and violently detained back in the summer of 2021.
Police disciplinary documents refer to the incident as a case of "mistaken identity" — but a lawyer representing the family says it's instead a case of someone being assaulted for "walking while Black," after O'Gilvie was allegedly forced to the ground with a knee on his neck and repeatedly shocked with a Taser.
"It's difficult to imagine how haunting it must be to find yourself face down on the ground, piled on by three officers, while complying and pleading you've done nothing wrong, as they hold you down by your neck and stun you with a Taser, repeatedly," lawyer David Shellnutt said during a news conference Monday.
None of the allegations in the lawsuit have been proven in court, and a statement of defence has not yet been issued. Toronto police would not comment as the matter is currently before the courts and the police disciplinary tribunal.
News of the incident was first reported by The Toronto Star.
A statement of claim for the lawsuit says it happened on the afternoon of Aug. 12, 2021. At the time, O'Gilvie was 27 years old, and was heading to the University of Toronto as he was taking courses through the summer.
That day, O'Gilvie went to a plaza at 1603 Wilson Ave. in North York, before heading to a nearby bus stop. According to the statement of claim, O'Gilvie noticed a Toronto police officer in a car — one of the defendants, Sgt. Rachel Saliba — following him.
As he reached a No Frills grocery store in the area, O'Gilvie started to "fear for his safety" and went down a walkway between the store and another building in the plaza, according to court documents.
Saliba then drove her cruiser down the walkway and started to question O'Gilvie. He gave her his name but she "did not believe him," the statement of claim reads, adding that Saliba "escalated the situation" by pointing her Taser at him.
Seconds later, according to the lawsuit, Toronto police Const. Jilliane Baquiran arrived and both officers physically detained O'Gilvie under threat of being Tasered.
"The Defendant Officers Saliba and Baquiran then attempted to take Mr. Ogilvie to the ground and arrest him, all the while he assured them that he had not done anything and put his hands up and in front of him to show he was complying," the statement of claim says.
The situation escalated and became more violent, the lawsuit alleges, and Const. Seth Rietkoetter arrived on the scene and tackled O'Gilvie. The three officers then "piled on," according to the lawsuit, and Rietkoetter "placed his knee and leg" on O'Gilvie's neck.
The statement of claim says that despite O'Gilvie "complying and having his hands behind his back when asked," Riekoetter began Tasering him "repeatedly while he was subdued, not resisting, on the ground, and restraints being applied."
The lawsuit alleges Riekoetter's knee remained on O'Gilvie's neck "as he continued to Taser him."
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