Man alleges Stratford police used excessive force in $3M lawsuit

A Stratford man whose tooth was knocked out when he was arrested by Stratford police officers alleged they used excessive force and had no right to detain him, according to a recently filed lawsuit.

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Kyle Nicholson, 36, launched a $3-million lawsuit against the Stratford police board and five officers – four constables and one sergeant – over his arrest two years ago that led to Ontario’s police watchdog charging one of the officers with assault causing bodily harm.

Nicholson was at a bus station on Downie Street on Feb. 1, 2023, when police approached him and placed him under arrest, placing his hands behind his back to handcuff him, a statement of claim alleges.

Const. Cody Millian struck Nicholson multiple times in the hamstring before sweeping his legs out, causing him to hit his face on the ground, the lawsuit alleges.

“Mr. Nicholson was bleeding from his mouth and nose and one of his teeth had fallen out of his mouth onto the ground,” the lawsuit alleges.

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“The use of force on the day in question. . . was inappropriate, unreasonable and negligent. The defendant officers knew, or ought to have known, that the excessive force being used was an unjust assault on Mr. Nicholson.”

Stratford police haven’t filed a statement of defense yet. Statements of claim and defense include allegations not yet tested in court.

The Special Investigations Unit (SIU) was notified of the incident the next day and charged Millian with assault causing bodily harm six months later. The civilian watchdog investigates all cases of serious injury, death, gunfire and allegations of sexual assault involving police officers.

The charge against Millian was withdrawn on July 15, 2024, court records show.

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A police report obtained by The Free Press shows officers initially were dispatched to the bus station at 8:38 pm for a report of a suspicious person. Responding officers observed Nicholson falling while walking down the sidewalk and he appeared to be intoxicated.

Nicholson was arrested for being drunk in public, but he refused to remove his hands from his pockets to be handcuffed, so Millian kneed him several times and finally handcuffed him before Nicholson turned his body away, according to the report that lists Millian as the author .

“Const. Millian then delivered a leg sweep to the defendant’s right leg in order to place him in a prone position on the ground,” the two-page report said.

Nicholson fell to the ground and struck his face. Blood could be seen coming from his mouth, nose, and one tooth was on the ground, the report said.

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Nicholson was arrested and taken to the hospital, where he was “belligerent and argumentative” with staff and had to be restrained from undergoing a CT scan and had his lip stitched up, the report said.

Police issued Nicholson a ticket for being drunk in public. No criminal charges were laid.

It’s unknown whether Millian faced any discipline under the Police Services Act, the law governing policing in Ontario under which departments hold disciplinary hearings. Charges under the PSA, which was replaced last year with the Community Safety and Protective Services Act, are laid after a criminal case is completed.

Stratford Police Chief Greg Skinner wasn’t available to say whether Millian faced any PSA charges, a police spokesperson said.

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Nicholson’s lawsuit alleges the run-in with police cost him lost income and left him with lasting physical injuries and psychological issues, including anxiety, depression, post-traumatic stress disorder and insomnia.

Toronto-based lawyer David Shellnutt, who is representing Nicholson, said police have more pressing responsibilities than arresting people with addiction issues.

“This is not work they should be doing,” he said of police. “They should be tackling serious crime, serious road safety issues.”

Shellnutt, who is also representing two other clients in lawsuits against police in Woodstock and St. Thomas, said the Stratford case highlights the need for specialized mental health workers to handle some police calls.

“We need people who are trained in de-escalation and working with populations affected by addiction,” he said.

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