Lawsuit alleges 5 assaulted by police at clearing of Toronto homeless encampment
Five people who showed up to support residents of a Toronto homeless encampment as it was being dismantled over the summer have launched a lawsuit alleging they were assaulted by police.
The lawsuit was filed by Ollie D'Agostino, Skyler Williams, Callista Durose-Moya, Ellie Adekur and Keith Cameron, who were at the Lamport Stadium encampment on July 21.
It names as defendants the City of Toronto, the Toronto Police Services Board and four officers, two of whom are unnamed.
In a statement of claim, the defendants say they came, along with many others, to peacefully observe and prevent the encampment residents' homes from being destroyed.
They allege they were attacked and injured by the officers in what they call a display of "excessive, unreasonable" force.
"I took the day off to help my neighbours and ended up in the hospital at the hands of the police," D'Agostino, whose pronouns are they and them, said in a news conference Monday.
D'Agostino, a 31-year-old data analyst, said they have not been able to work since that day because their wrist was nearly broken and "the psychological damage made it impossible to function."
Durose-Moya, 25, alleged she was tossed to the ground by several officers. She said she suffered a concussion as well as back and neck injuries, and said her head hit the curb.
"I'm still suffering from post-concussive symptoms and I worry that these injuries and my head will continue to affect my profession, which is a dancer," she told the news conference.
"I continue to suffer migraines and I cannot go outside, (or) grocery shopping, because the noises, everything is overstimulating."
The allegations have yet to be tested in court. The city and the police board said they had not been formally served with the claim yet, and would respond through the court.
According to the claim, one of the officers named in the suit "suddenly and without warning" smashed D'Agostino's face into a wood pallet and struck their arm with a steel baton. D'Agostino later received medical care from an unknown civilian nurse, the document says.
The claim alleges Durose-Moya was thrown to the ground and detained, and initially denied medical care "despite her obvious head injury." She was eventually taken to hospital. The claim says she was never charged with a criminal offence.
The lawsuit alleges Williams was struck in the face with a steel baton while he was "peacefully standing in solidarity with community members." He also received care from an unknown civilian nurse, it says.
Adekur was helping people leave the site when one of the unidentified officers named in the suit grabbed her and threw her to the ground, the claim alleges.
She was taken to a police vehicle with holding cells and held without a mask on, driven around the city and then released outside the force's 11 Division headquarters, the claim says.
"At no time did the defendant TPSB or its officers inform Ms. Adekur as to why she was being arrested. Ms. Adekur was not advised of her rights to counsel at any time," the claim says.
"The plaintiff Adekur was detained and arrested because she was a young Black woman and for no other lawful reason," it alleges.
One of the unknown officers is also alleged to have struck Cameron and thrown him to the ground. The lawsuit alleges the officer then placed his leg and knee on Cameron's head, ear and neck, pressing his face into the concrete.
The lawsuit alleges the officers are liable for assault, abuse of public office, and negligence, as they owed a duty of care to those at the site. The police board is liable for the actions of the officers, it says.
It also alleges the City of Toronto is responsible for "the way the clearing was negligently and dangerously carried out" because it requested the assistance of the police board and officers.
The statement of claim also alleges a number of violations under the Ontario Human Rights Code and the Charter of Rights and Freedoms.
This report by The Canadian Press was first published Oct. 25, 2021.
CTVNews.ca Top Stories
BREAKING Pearson gold heist suspect arrested after flying into Toronto from India
Another suspect is in custody in connection with the gold heist at Toronto Pearson International Airport last year, police say.
Justin and Hailey Bieber are expecting their first child together
Hailey and Justin Bieber are going to be parents. The couple announced the news on Thursday on Instagram, both sharing a video that showcases Hailey Bieber's growing belly.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Debate on abortion rights erupts on Parliament Hill, Poilievre vows he won't legislate
A Conservative government led by Pierre Poilievre would not legislate on, nor use the notwithstanding clause, on abortion, his office says, as anti-abortion protesters gather on Parliament Hill.
Ontario family receives massive hospital bill as part of LTC law, refuses to pay
A southwestern Ontario woman has received an $8,400 bill from a hospital in Windsor, Ont., after she refused to put her mother in a nursing home she hated -- and she says she has no intention of paying it.
Here are the ultraprocessed foods you most need to avoid, according to a 30-year study
Studies have shown that ultraprocessed foods can have a detrimental impact on health. But 30 years of research show they don’t all have the same impact.
Miss Teen USA steps down just days after Miss USA's resignation
Miss Teen USA resigned Wednesday, sending further shock waves through the pageant community just days after Miss USA said she would relinquish her crown.
BREAKING 1 dead in rollover crash in Sharbot Lake, Ont.; 5 others injured
Ontario Provincial Police confirm one person has died after a single-vehicle rollover crash in Sharbot Lake, Ont. that seriously injured five others.
'Nobody should be getting away with murder': Grieving mother speaks out after son killed in North Preston, N.S.
A grieving mother is speaking out after her 36-year-old son was shot and killed in North Preston, N.S., Wednesday night.