The RCMP has settled a lawsuit for $31,000 with a St. Albert lawyer and his wife who say they were wrongfully jailed and roughed up after leaving a local pub.
The settlement, which came in February, was related to an incident in November 2013 outside The Blind Pig. James and Robin Weary said they were headed home on foot when the RCMP stopped them, claiming the two were attempting to get into a car.
The Wearys' statement of claim alleged James was struck in the temple after he refused to be handcuffed and the two were handled roughly before being put in separate cold concrete cells without mattresses or blankets for nine hours. Robin also claimed she was forced to undress in front of male police and staff. James said they were never read their rights or allowed to make a phone call.
A statement of defence from the RCMP claimed the arrest was done properly and officers were justified in stopping the couple for jaywalking while intoxicated. The document claimed James was lawfully arrested for public intoxication after he behaved "aggressively and drunkenly," and Robin was lawfully arrested for obstruction of justice for "wilfully obstructing and assaulting" the two officers.
James disputed the claim he and his wife were intoxicated to a point that warranted an arrest.
With the lawsuit now settled, he feels a certain amount of relief but says the incident still had a large impact on his life.
“There were a lot of sleepless nights thinking about it. And wondering what we could have done differently, what we should have done differently. How we could have avoided the entire scenario,” he said.
He said he filed the suit because he believes similar incidents happen each day and other citizens might not be able to fight back to protect their civil rights.
“Very few people have the resources, and the ability and the tenacity to pursue something like this. We have all three,” James said.
The RCMP sent a statement to the Gazette saying James was arrested for public intoxication and held in custody for a period of time without charge.
“On advice of counsel, the civil action was settled. Alberta RCMP will not provide any further comment on the settlement,” the statement read.
James said that with the case being wrapped up he feels a certain amount of relief but worries about the future with the RCMP, even though he said he believes most officers are good people who are doing their job.
“With the press this has gotten, I’m unnerved somewhat to what possible repercussions I might face, but who better to face them?” he said.
None of the allegations in either the statements of claim or defence were proven in court.
