Man launches $3.5M lawsuit against Woodstock police officer over arrest

A Woodstock man has filed a $3.5-million lawsuit against a local police officer, alleging the officer struck him with a cruiser and denied him immediate treatment for serious injuries that left him permanently disabled.

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Jason Simms, 41, detailed his allegations in a negligence lawsuit against Woodstock police Const. Pritpal Thind, 33, and the Woodstock police board, the civilian body responsible for overseeing policing in the city.

Simms was riding his bike in Roth Park on July 17, 2022 around 10 pm, when he was blinded by bright headlights from a police cruiser driven by Thind, a statement of claim alleges.

Simms didn’t know it was a police vehicle driving toward him and began to ride away out of fear for his safety, but stopped and raised his hands when the vehicle’s police lights were activated, the lawsuit alleges.

“Suddenly and without warning, the Defendant Thind drove directly into Mr. Simms, resulting in him being violently thrown through the air before landing on the ground,” the lawsuit alleges.

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Statements of claim, and responses filed in defense, include allegations not yet tested in court. Woodstock police haven’t filed a statement of defense to the lawsuit.

Thind ignored Simms’ requests to call an ambulance and took him to police headquarters, where he lost consciousness and was taken to Woodstock General Hospital, the lawsuit alleges.

Simms, who later underwent surgery at London Health Sciences Centre, sustained injuries including a concussion, a fractured fibula and tibia, broken teeth and other injuries, the lawsuit alleges.

The physical injuries, combined with lasting psychological injuries, have resulted in lost income and will affect Simms’ ability to work in the future, the lawsuit alleges.

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Lawyer David Shellnutt, who is representing Simms, said police are supposed to protect members of the public.

“We’re advancing this lawsuit on Mr. Simms’ behalf. . . because a police officer ran him down with a police cruiser,” Shellnutt said. “Not only was the officer criminally responsible, but this has had a huge impact on my client’s life.”

Three months after the collision, Ontario’s police watchdog charged Thin with dangerous driving causing bodily harm and criminal negligence causing bodily harm.

The Special Investigations Unit (SIU) said a Woodstock police officer observed a man, who matched the description of a person of interest, riding a bike near Roth Park around 3:30 am (The statement of claim said the incident happened at 10 pm and also provided a different birth date for Simms than listed in court documents).

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The officer tried to “engage” the man, who fell from his bike before he was arrested and was taken to hospital, where it was determined he suffered a serious injury, the SIU said at the time.

The SIU investigates all cases of serious injury, death, gunfire and allegations of sexual assault involving police officers across Ontario.

Thind accused guilty of dangerous driving causing bodily harm – the criminal negligence causing bodily harm charge was withdrawn – and was ordered to pay a $4,000 fine plus a $1,200 victim surcharge on March 8, according to court records.

Woodstock Police Chief Rod Wilkinson declined to comment on an active lawsuit.

Wilkinson said Thind faces three professional misconduct charges under the Police Services Act, the law governing policing in Ontario under which departments hold disciplinary hearings. The Police Services Act was replaced in May with the Community Safety and Protective Services Act.

No hearing date has been set for Thind, who is suspended with pay, Wilkinson said.

Court records show Simms previously sued Woodstock police in 2017, but the case was dismissed in 2023.

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