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The family of a 28-year-old Île–Bizard man who died during a police intervention after his parents called 911 in March 2017, is now suing the City of Montreal and Urgences-Santé.
Last year, the Quebec Crown determined that none of the officers involved would be charged. This decision was reached following an investigation by Quebec’s police watchdog Bureau des enquêtes indépendantes, or BEI.
In their $558,000 lawsuit, the family of Koray Kevin Celik claim officers used excessive force to subdue Koray after he was already restrained.
They named Urgences-Santé in their lawsuit for allegedly failing to respond to their call for medical assistance in a reasonable time period. They claim that it took 30 minutes for an ambulance to arrive. The family believes he may have survived had the medical response arrived sooner.
The lawsuit seeks $10,000 in pain and suffering, $150,000 in moral damages for each of Koray’s parents, and $50,000 each for Koray’s two surviving brothers.
In addition, the police intervention lawsuit asks the City of Montreal to pay $100,000 in punitive damages, plus $27,000 for funeral costs and $10,000 in expenses that they incur from visiting Koray’s grave each day.
“We visit with our son every single day at his grave,” Koray’s father told CBC.ca. “And I have promised to him that I will do everything I can along with his mum and brothers, to seek justice.”
Koray’s brothers allegedly have been unable to work since his untimely death and they will likely add their lost wages to the compensation sought in the lawsuit.
Koray’s parents called the Montreal police in the early hours of March 6, 2017 because Koray was allegedly intoxicated and wanted to drive. He had reportedly consumed alcohol and pain pills he was prescribed following a dental procedure.
When police arrived, Koray’s parents informed them that he was not armed. As the officers approached Koray, he allegedly took a “staggering step” forward according to the police intervention lawsuit. Officers allegedly hit him with metal batons and tackled him to the ground.
According to Koray’s parents, the officers continued to strike Koray even after he was pinned to the ground and his hands were secured behind him. They claim that one officer covered Koray’s nose and mouth while the others kicked, kneed and hit Koray.
The police intervention lawsuit also alleges that the parents “observed flashes from a device in the hand of one of the officers that was pressed against Koray’s side.”
After Koray stopped moving, his parents were allegedly moved to a different room and were “verbally abused” by an officer who held them there against their will as they called out and tried to go to their son.
Quebec’s BEI conducts an investigation into any cases in which someone is harmed or killed during a police operation. The BEI asserts that Koray was aggressive toward the officers when they arrived and that he refused to follow their orders.
After the officers brought him to the ground, the officers realized that he was unconscious and did not have a response, according to the BEI. Attempts to revive Koray at the scene were reportedly unsuccessful.
The Crown Prosecutor’s Office says that the final autopsy report attributes Koray’s cause of death to cardio-respiratory arrest caused by intoxication. The office also found that the officers’ use of force was justified under the Criminal Code.
“In this case, the intervention was legal and was based primarily on the duty imposed on the police to ensure the safety of persons,” the Crown Prosecutor’s Office said in a statement. “Moreover, the force used by the police was not likely to cause serious injury or death.”
In response to the Crown’s decision not to press charges, Koray’s father says that it failed to take into account the family’s witness testimony. He hopes that his family will finally have the opportunity to have their side of the story heard in court.
The family filed the police intervention lawsuit as a way of seeking justice on Koray’s behalf and as a way to possibly get Montreal to change the use of force by police in Montreal. They say people should not be afraid to call their police for help.
“For Koray, not much will change,” his father told CBC.ca. “At least, if we can cause them to change a little bit, and if we can prevent one or two future killings, at least we will be doing something good.”
Koray’s parents have filed a separate lawsuit against the BEI.
What do you think about this police intervention lawsuit? Do you believe the police officers’ use of force was warranted? Tell us your thoughts in the comment section below!
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