Unconvinced that the police investigation of the two Vancouver cops who mistakenly arrested and beat him up will bring him justice, Vancouver resident Yao Wei Wu is suing his alleged assailants.
Wu and his wife Chi Nan Man filed today (March 5) a statement of claim in B.C. Supreme Court, naming as defendants Vancouver Police Department constables Nicholas Florkow and Bryan London.
Also named as defendants in the suit were the City of Vancouver and the Corporation of Delta, whose police officers are investigating the incident.
Wu and Man are asking for damages and costs, the details of which will be presented at or before a trial.
Their statement of claim lays out the particulars of the case. None of the allegations contained in the statement have been proven in court.
According to the statement of claim, at about 2 a.m. on January 21, Florkow and London—both in plainclothes—“loudly knocked” on the door of the plaintiffs’ residence on Lanark Street in Vancouver.
Wu unlocked the door, and the two cops “unlawfully forced their way into the residence without the Plaintiffs’ consent, grabbed the Plaintiff Wu, dragged him outside and assaulted and repeatedly beat him without provocation or justification, thereby causing him to sustain serious and disabling physical and psychological injuries”, the statement alleges.
After beating up Wu, the two policemen allegedly handcuffed him “for a lengthy period of time”.
When a bystander told the cops that Wu had done nothing wrong, they allegedly “restrained him in handcuffs also”.
As a result of witnessing her husband being assaulted, the statement of claim noted that Man “sustained serious and disabling psychological injuries”.
Florkow and London were neither arrested nor detained after they “perpetrated a serious assault”, the statement notes.
Wu claims that the City of Vancouver and the two cops “are liable to him for damages for trespass, assault and battery, wrongful arrest, false imprisonment, negligence, gross negligence and breach of the Plaintiff Wu’s constitutional rights”.
The Delta Police Department is handling the investigation of the incident, but Wu and Man are not satisfied with the probe.
As of today, Florkow and London have not been charged with offences relating to the incident.
The statement reads in part that “the Plaintiffs have lost faith and trust in the criminal justice system and they say that the Defendant City of Vancouver and the Defendant Corporation of Delta are liable to them for damages, including aggravated, exemplary or punitive damages”.
A number of citizens like human-rights advocate Bill Chu have formed the Concerned Group On Police Violence to assist Wu and his family in seeking justice.
“The practice of police investigating police has proven to be disastrous for those seeking justice and civil rights and should end now. British Columbians deserve no less than completely independent investigations on such police abuses of power,” Chu said in a media statement released on behalf of the group in February. “This is not an isolated incident. Similar random police brutality can happen to anyone on the street or right in his or her own home.”