'Unlawful and grievous': Indigenous teen sues Edmonton police, alleging he was kicked in the head

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An Indigenous teenager says he’s still living with pain and life-altering injuries as a result of an alleged assault by Edmonton police officers last December.  

Pacey Dumas, 19, is living with a hole in his skull after he says he was kicked in the head while on the ground by a police officer, leaving him bloodied and unconscious. 

Dumas, along with his older brother and mother, filed a statement of claim in Alberta Court of Queen’s bench, naming Edmonton Police Service Chief Dale McFee, Const. Ben Todd and six unidentified officers as defendants. 

“The above described actions committed by one or more of the EPS Officers were high handed, malicious and highly reprehensible misconduct that departs markedly from the ordinary standards of decent behaviour and constitutes an abuse of authority,” the statement of claim reads. 

According to the claim, Dumas was hospitalized for nine days where he contracted COVID-19. He had part of his skull removed to alleviate pressure from his swollen brain and is awaiting surgery to insert a metal plate in its place.

Dumas says he’s unable to work, and is seeking $300,000 in general damages as well as a further $100,000 in aggravated damages. 

He’s also seeking $20,000 each from the seven EPS officers he claims were involved in the incident. 

The lawsuit also alleges those officers made false or misleading statements to medical responders and in their investigation. 

None of the allegations in the Claim have been tested or proven in court.

An EPS spokesperson tells CTV News Constable Todd remains in an operational position, but is not currently in front line patrol.

A statement of defence has not been filed by EPS.

'UNCONSCIOUS AND BLEEDING'

Police came to the Dumas family residence in west Edmonton between 4 and 5 a.m. on Dec. 9, 2020 on a search for weapons but found none, according to the lawsuit.

It’s alleged that Dumas, who was then 18, had cooperated with police by lying face-down on the ground while officers searched the home.

“Then, suddenly and without warning, Cst. Ben Todd moved swiftly to Pacey and while in motion kicked Pacey in the right side of his head with such force Pacey was immediately rendered unconscious and bleeding,” reads the statement of claim. 

“This unprovoked, unlawful and grievous assault and battery by Const. Ben Todd resulted in serious bodily injury.” 

Pacey was dragged across the concrete to await treatment, out of sight of his brother and mother  who panicked and appealed unsuccessfully to police for information, according to the lawsuit.

His brother and mother are each seeking $75,000 in damages for “the intentional or negligent infliction of nervous shock and mental suffering.”

Alberta’s police watchdog launched an investigation last year into the officers’ use of force.

It’s not clear when that investigation will be completed.