A Surrey man claiming police tried to forcibly breathalyze him in an ambulance after breaking his leg and ribs is suing B.C.’s solicitor general and minister of public safety and three RCMP officers.
In a notice of civil claim filed in B.C. Supreme Court on May 30, plaintiff Naipaul Singh Mann called the actions "reckless, arrogant" and "high-handed."
Mann claims he was driving Aug. 29, 2020 when police lights came on behind him.
Given that he was a busy street, he turned into a driveway to pull over, the claim said.
Getting out of his car, he asserts, he saw the officers aggressively running toward him. He said he was tackled to the ground.
“As the plaintiff hit the ground, he sensed his right leg snapping,” court documents state. “He felt excruciating pain. He was screaming and crying in agony.”
Mann claims the officers then cuffed him and tried to make him stand, something he could not do, his leg collapsing under him causing more agony.
The claim said Mann was put in an ambulance but still handcuffed.
“While the plaintiff was in the ambulance screaming and crying in pain, the defendants RCMP officers attempted to administer a breathalyzer... several times,” the claim said.
It was later discovered Mann also had several broken ribs, according to the court documents.
In the ambulance, Mann was given intravenous morphine. He could not respond to officers nor could he make any responsive gestures as he was handcuffed.
The claim further said that while trying to take a breathalyzer at the hospital, the officers made comments he would lose his driver's licence for life. The officers only backed off when emergency room staff told them to stop interfering with medical treatment.
While in hospital, Mann was served a roadside prohibition. After his discharge from Surrey Memorial Hospital, Mann could not put weight on the leg for six months.
A month later, the ministry sent a letter saying Mann had a reasonable excuse not to give a breath sample and the driving prohibition was revoked.
Mann is suing for various damages, loss of income and earning capacity.
The RCMP did not immediately respond to a request for comment.
None of the allegations have been proven in court.
