Retired firefighter sues cops for unlawful arrest
| PETERBOROUGH, Ont. -- A retired Smith-Ennismore-Lakefield firefighter is suing the OPP (Ontario Provincial Police) and one of its officers for a total of $350,000, alleging that he was unlawfully arrested and assaulted in August 2009. James Cumming is claiming $250,000 for assault, battery and false imprisonment, $50,000 for aggravated damages and $50,000 in punitive damages. The OPP hasn’t filed a statement of defence. None of the allegations have been proven in court. On Aug. 2, 2009, Cumming was at a cattlemen’s barbecue with his wife and another couple when they saw a vehicle hit a pedestrian. The claim states Cumming helped the injured pedestrian until paramedics and the OPP arrived, including Const. Bruce Hanna. Cumming was peering inside the vehicle when Hanna became belligerent, the claim alleges, arresting Cumming and slapping a set of handcuffs on his wrists. “Const. Hanna not only handcuffed the plaintiff, but deliberately and maliciously forced the handcuffs unnecessarily tight, causing damage and injury to the plaintiff’s wrists and hands,” the claim says. According to the claim, Cumming was then taken to the Lansdowne St. E. OPP detachment, where he stayed in handcuffs for a long period of time. He was thrown onto the concrete floor of a cell by Hanna, the claim alleges, and repeatedly punched. He was then left in the cell despite needing medical attention and that he had soiled himself, the claim says. Cumming was charged with obstructing police and assaulting a police officer with an intent to resist arrest. He was acquitted of both charges following a trial in May 2011. The claim argues that there were no grounds to arrest and charge Cumming, and that he was falsely imprisoned as a result of the charges. He incurred significant legal fees to defend himself, the claim states, and the malicious and wilful behaviour of Hanna constitutes unlawful assaults and batteries. “The plaintiff states that as a result of the assaults upon him, he has sustained permanent and profound injuries, including, but not limited to, paraesthesia affecting the hands and wrists; tinnitus in his ears; headaches; dizziness; muscular and ligamentous straining and tearing in his neck and back; and multiple contusions and abrasions,” the claim states. Paraesthesia describes a burning and tickling feeling in the skin. It’s more commonly known as a limb “falling asleep,” or a “pins and needles” feeling. Cumming has, or may have to undergo, hospitalization, medication, physiotherapy and, “invasive diagnostic procedures,” the claim states, and suffers from anxiety and undue mental hardship as a result of police actions. |