A Metro Vancouver man has filed a lawsuit against the Vancouver Police Department (VPD) alleging police used excessive force against him, including targeting him with a Taser.
Elkana Babunga filed a notice of civil claim in B.C. Supreme Court on Jan. 6 naming the VPD, the City of Vancouver and seven John Does, all identified as police officers, as defendants.
Babunga said the officers made conclusions about him based on his race, clothing and manner of speech.
In the claim filed by lawyer David Klein, Babunga said he was intending to perform at Fortune Sound Club on East Pender when the alleged events happened.
The claim said a friend of Babunga’s had been pulled over by police and he approached the area.
The claim alleges that, after “observing violent and aggressive behaviour from the officers,” Babunga began to film the incident.
“Suddenly and without warning, the officers did restrain, assault and batter the plaintiff, including by firing Taser weapons at him, striking him, throwing him to the ground and aggressively restraining him," the claim said.
The claim further asserts the officers yelled, threatened and made aggressive comments to Babunga.
He said he alerted the officers to a pre-existing shoulder injury and breathing issues but that they took no notice.
He claims the officers restrained, arrested and unlawfully confined him without legal authority.
On the part of the VPD and city, Babunga alleges insufficient officer training, discipline and oversight.
The claim said Babunga has suffered a mild traumatic brain injury; concussion; psychological issues; cognitive dysfunction; headaches; injuries to eyes, face, jaw, lungs, chest and throat; sleep issues and nightmares.
He is seeking general and specific damages.
Both the city and VPD said they could not comment as the case is before the courts.
None of the allegations have been proven in court.
