Pubdate: Wed, 27 Sep 2006
Source: Toronto Sun (CN ON)
Copyright: 2006, Canoe Limited Partnership.
Contact:  http://torontosun.com/
Details: http://www.mapinc.org/media/457
Author: Alan Cairns, Toronto Sun

T.O. COPS BEAT MAN: LAWSUIT

$1.1m In Damages Sought For Alleged Racial Attack

A Toronto man, who alleges he spent five days in hospital after 
Toronto cops beat him unconscious and broke two of his ribs in an 
"unprovoked," racially motivated attack, is seeking $1.1 million in damages.

Mark Lindsay, 35, who identifies himself as an African-Canadian in a 
civil court lawsuit, alleged that two officers "pulled" him from his 
friend Patricio Serrano's car outside a north Toronto highrise 
without a valid reason Aug. 12.

In a statement of claim filed in Ontario Superior Court of Justice, 
Lindsay alleged he was beaten, choked, punched, kicked and had his 
head "repeatedly" bounced off the pavement until he became unconscious.

When Serrano told police that their assault was "disproportionate and 
unwarranted," an officer drew a gun, told Serrano to "stand back or 
he'll shoot" and later handcuffed him, it is alleged in the statement of claim.

It is also alleged that "many more officers" arrived in marked 
cruisers and continued beating Lindsay, calling him a "f---ing n----r."

BROKEN RIBS

When Serrano cried out for help, one cop told him to "shut the f--- 
up" and "kneed him in back of the head," it is alleged.

Lindsay alleged he suffered two broken ribs, chest injuries, and 
abrasions and scars on his body, face, mouth and head.

"He was hospitalized for five days," it is alleged.

The statement of claim, which was filed Monday, names unknown cops 
"John Does and Jane Does" and the Toronto Police Services Board as defendants.

No number of police officers is specified.

A statement of defence has not been filed.

"These are allegations that have yet to be tested in court and due 
process will take its course," Mark Pugash, spokesman with Toronto 
Police Service, said yesterday.

Police alleged they found cash and marijuana on Lindsay, outside 
Serrano's car, the statement of claim said.

Lindsay's lawyer, Selwyn Pieters, said in an interview that he does 
not believe Lindsay has a criminal record.
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