A man has filed a lawsuit against the City of Winnipeg and the Real Canadian Superstore in which he claims he was assaulted by police officers working as security guards.
Anthony Branko Bris, 27, took the photos of the officers after he alleges they made a remark he found racially offensive.
His lawyer, Karl Gowenlock, filed the lawsuit in Manitoba Court of King’s Bench this month in relation to an alleged incident at the Superstore on Gateway Road on June 11, 2022.
The store’s parent company, Loblaw, and the Winnipeg Police Service are named as defendants.
Neither has been served notice of the lawsuit or filed a response in court. The Winnipeg Police Service declined to comment and Loblaw did not return a request for comment.
The court filing says Bris bought paper towels around 9:55 p.m. and then went to leave. It says he came across two uniformed police officers who were working as security at the exit.
As Bris walked past them, the court filing alleges, one of them made a comment that he found racially offensive.
The court filing doesn’t say what was alleged to have been said.
Bris told another media outlet in 2022 that one of the officers had accused him of stealing, while the other used the phrase “you people.”
In the media report, he alleged that although he is not Indigenous, an officer remarked about how it may be OK to film police on “the reserve,” but it’s not OK here.
Court documents claim one of the officers reached for Bris’s phone after he took two photos, causing the man to back away. It claims both officers came toward him and assaulted him.
“The plaintiff was struck, violently taken to the ground, and physically restrained,” reads the statement of claim. “At one, he was placed in some kind of hold, with pressure on his neck, causing him to briefly lose consciousness.”
The court filing alleges the incident continued for several minutes before Bris was allowed to get up.
“At that point, the officers threatened him with further physical violence and death, before letting him go,” the claim alleges.
Bris took his paper towels, receipt and phone and left. The filing says Bris was not told he was under arrest or being detained and that handcuffs were not placed on his wrists.
The court documents say Bris did not try to strike or push the officers.
The claim alleges Bris has suffered physical and psychological injuries, including damage to his neck, and has recurring headaches. It says he was diagnosed with post-traumatic stress disorder.
“The officers utilized physical force to detain the plaintiff without any lawful right to exercise such force,” says the claim.
The lawsuit, which seeks unspecified damages, says the City of Winnipeg is vicariously liable for the alleged actions of the police.
Under the special duty program, Winnipeg police officers can be hired to provide security at events and stores, and as traffic escorts, during their time off.
Gowenlock said he and the plaintiff may amend the claim in the coming weeks with further information ahead of serving the defendants with notice of the suit.
fpcity@freepress.mb.ca