An Estevan man has filed a lawsuit against the Estevan Police Service, the City of Estevan and the Estevan board of police commissioners.
Kristofer Donald is seeking $250,000 in damages after he was bit by police dog Max during an arrest last year. His lawyer, Jonathan Goby, filed the lawsuit on Aug. 13.
Donald was arrested by the EPS on Aug. 18, 2019. In a news release issued after the incident, the EPS noted they were informed Donald was at a residence in the central part of the city. The EPS claimed Donald was wanted for failing to comply with his electronic monitoring conditions and had been at large for approximately one week. Due to safety concerns, the EPS said its canine unit was called in for support, and after attempts to negotiate and have Donald surrender were unsuccessful, they claimed Max was utilized to search the residence and located Donald hiding inside a small closet in a bedroom.
The EPS acknowledged at the time that Donald was transported to hospital for treatment wound to his forearm, which the EPS said was a dog bite. And they said Donald resisted arrest.
Goby disputed several of the claims.
“They arrested him, had him to go to his knees, and they handcuffed his hands behind his back,” said Goby. “And during that procedure, he said that he was completely compliant and not resisting in any way, and the word he used to describe himself was ‘submissive.’
“And after he was on his knees and hands cuffed behind his back, the police dog, who was in there – there were two officers and the police dog – but the dog had been on leash and was being restrained while he was being arrested. But after he was on his knees and handcuffed, the police dog was released and allowed to attack and repeatedly bite him.”
Donald now has scarring and nerve and tendon damage from that attack, and Goby said Donald has suffered psychological impact.
“To have a dog come at him in that way when he’s in that vulnerable state, there are psychological issues that have arisen from that as well,” Goby said.
Donald is currently incarcerated at the provincial correctional centre facility in Regina, partially due to charges stemming from the incident last August, and for allegedly breaching the terms of his release.
Goby pointed out that Donald is Indigenous, and this incident fits in with calls to defund the police.
“People have had enough of inappropriate actions by the police, and I think this is another example of a situation that people have been speaking out against,” said Goby.
The Estevan Police Service did not comment on the lawsuit, other than to say that Max and his handler, Const. Paul Chabot, remain on active duty.
A hearing has yet to take place to discuss the lawsuit.
The Mercury will have more details as they become available.
