Abbotsford man seen punched by officers during arrest suing police, city
Posted January 4, 2023 2:17 pm.
Last Updated January 4, 2023 2:20 pm.
An Abbotsford man is suing police and the city, following his arrest with what he says was “excessive force.”
This comes after video footage of a man being punched twice in the face by an officer during an arrest was shared on social media in November.
A document filed on Dec. 17 to the Supreme Court of British Columbia, states Ryan Atzenberger has submitted a civil claim against the City of Abbotsford and an officer referred to as ‘John Doe Constable 1.’
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The arrest happened outside The Offspring concert on Nov. 26, and at the time, the Abbotsford Police Department’s Professional Standards Section launched an investigation into the incident.
The lawsuit claims the officer involved, and the City of Abbotsford and Abbotsford Police Department (together referred to as APD), used “unlawful actions.”
In a statement to CityNews, AbbyPD says it is “aware of the lawsuit and is awaiting to receive a copy of the statement of claim.”
“The investigation into this incident is being done by the RCMP at the request of AbbyPD. This is still on going at this time,” it added.
The civil claim says Atzenberger was leaving the concert when he was detained by officers “in relation to an investigation relating to another individual.”
The document adds that officers questioned him about finding a suspect and learned that Atzenberger knew them.
“APD officers threatened to arrest the plaintiff for obstruction if he did not assist them further in locating the other individual,” the claim said.
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Atzenberger says he was not able to help and says APD officers indicated he was going to be arrested for obstruction.
However, in a news release from the AbbyPD following the incident, police say “officers were dealing with a member for the public,” when Atzenberger “began to interfere with the officer’s investigation.”
“During this time, the man ignored police direction to disengage, but he continued. As a result of the man’s actions, police arrested him for obstruction,” AbbyPD says.
“During the arrest, the man continued to be non-compliant, resulting in the officer using force on him, striking him twice in the face before taking him into custody and placing him in handcuffs.”
Claims “excessive force” in arrest
But Atzenberger claims he did not try to resist the arrest, and that officers used “excessive force” that caused various injuries.
“The plaintiff was lying limp on the ground in custody of APD officers when members of the public began filming the ongoing use of force,” it said.
Atzenberger “continued to co-operate and was unable to resist because APD officers had just beaten him senseless,” the claim states.
As the officers attempted to handcuff Atzenberger, the claim says “his arm slipped from John Doe Constable #1’s grasp as a result of the other officer pushing the plaintiff’s other arm.”
When his arm came “loose” from the officer’s hand, the claim says the officer “immediately, and gratuitously, punched the plaintiff, twice in the face, in full view of a crowd of onlookers.”
As a result of the arrest, it claims he sustained injuries including a concussion, bruises, back pain, and post-traumatic stress.
On top of the alleged physical injuries, Atzenberger says he was also falsely arrested and has been facing additional challenges including loss of enjoyment of life, inconvenience, and loss of income.
AbbyPD says the investigation is still ongoing.
With files from Charlie Carey
