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Cops On Hook For Injuries During Raid
Pubdate: Fri, 25 Feb 2005
Source: Calgary Sun, The (CN AB)
Copyright: 2005 The Calgary Sun
Contact: http://www.fyicalgary.com/calsun.shtml
Details: http://www.mapinc.org/media/67
Author: Kevin Martin
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)
COPS ON HOOK FOR INJURIES DURING RAID
Cops who cracked the ribs of a city man when they wrongly raided his home
must pay him $20,000, Alberta's top court ruled yesterday. The Alberta
Court of Appeal, in upholding a lower court ruling, said then-Const.
Anthony Manning wasn't acting under the authority of his duties when he
assaulted Darryl Crampton.
Manning, who was later promoted, was acting on false information provided
to police when he and Tac-team members raided Crampton's home on April 13,
1995.
Crampton, who was in his kitchen digging a pickle out of a jar when cops
barged into his northeast apartment, was ordered to the floor and then held
there by Manning's knee.
Officers then searched the 32 Ave. N.E. residence, but failed to find
marijuana and weapons they were falsely told would be there.
Justice Adelle Fruman, in handing down the appeal court's unanimous ruling,
said a lower court judge properly considered the Criminal Code protection
police are afforded.
Section 25 (1) of the legislation says police are protected if they don't
use excessive force in conducting their duty.
But Fruman noted Justice Ernest Hutchinson ruled Manning used excessive
force in arresting Crampton.
"Once the trial judge found that Constable Manning used excessive force in
restraining Mr. Crampton, the protection of s. 25( 1) was no longer
available to him," Fruman wrote.
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