Yao Wei Wu sues City of Vancouver and police after cops beat him up in his home

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.”

Comments

7 Comments

terry arnfinson

Mar 5, 2010 at 6:18pm

I'll wait for the less biased outcome in court.

carl bailey

Mar 6, 2010 at 10:35am

good. when they win the suit, it'll be the only "justice" they'll get.

Strategis

Mar 8, 2010 at 11:58am

This is not an isolated case, but unfortunately has been the norm for a long time. When the police operate in a climate of immunity from any kind of accountability, even from murdering people on a routine basis, then the entire system of civilian justice and security is broken, and needs major renovations.

This is the duty of government. And it is its first duty, as security and justice are the primary responsibilities of government. Some people would even argue with considerable reason that this is the only rightful duty of government.

Oldtimer

Mar 9, 2010 at 6:42pm

It is a shame that the civic taxpayer will end up shouldering the financial burden, while thus far the VPD officers involved have not been charged with any kind of criminal offence. I can appreciate the necessity for the suit launched by Mr Wu and his wife. This suit will prevent the VPD from sweeping this incident under the rug as they most likely would prefer.
If any other citizen behaved like the two VPD officers in this case, Assault charges and unlawful confinement charges would likely be laid.
Jim Chu must restore public confidence of the VPD by showing that he will not tolerate criminal acts perpetrated by officers in his police force.
By not taking this seriously. Police Chief Chu may be seen as endorsing police misconduct and the potential drift to a corporate police state that is immune to civilian oversight and assumes a natural right to authority.

Salty Local

Mar 11, 2010 at 2:32am

I've been arrested and roughed up by the police for no reason other than being on granville street at 1am after 6 beers while watching a fight and the ensuing arrests, i was scooped up too - hauled down by 4 officers, knees in my back, on my head, on my legs and arms, put in cuffs, into the paddywagon (apologies to my irish forebears) and 8 hours on a urine soaked drunk tank floor at the main and hastings precinct - i was lucky to be given back my shoes - the terrifying conversation with the illegal-guatamalan crack cocaine dealers was definitely the highpoint - much better than standing in a holding cell for an hour with 6 others after the non-secured ride on the steel bench inside the van, which was sure to make as many lurching starts, stops and turns as well.

did i go and get a lawyer? no, i went home and got some ice. being beaten for being in the wrong place at the wrong time probably happens a lot in the entertainment district. it's a rite of passage in this city, to have your rights shat on. while i loathe the abuse of authority, i am also wary of lawyers. i am keen to hear the amount requested for compensation. i kick myself now for not having sought legal counsel while my wounds were fresh and visible. psychological trauma .. how much is that going to cost? probably a lot more than an extra day of training at the academy..

salty local

Mar 11, 2010 at 2:34am

if you drink alcohol before any type of encounter with any police anywhere you can basically kiss your right to due process goodbye - easy prey..

Bear

Jul 23, 2010 at 6:54pm

After witnessing the three policemen's encounter with a handicapped young woman and pushing her down to the pavement, then not even stopping to help the woman up reminds me of seeing Hitler's storm troopers smacking Jews around in Poland. If you cannot manage your staff better than that then you and they should be fired NOW ! Do you agree Premier Campbell ?
A long drawn out investigation is not necessary unless you put those officers in jail to await the outcome. They're too dangerous to be at large.
Perhaps the police chief is too afraid of them.!