Winnipeg police officer arrested in 2017 accuses his employer of violating his rights
His arrest did not lead to criminal charges.
The judge will decide at the upcoming hearing whether the prosecution of Mr. Lintick constitutes a real question requiring a civil trial, or whether it can be decided summarily. (File photo)
A Winnipeg Police Service officer arrested in 2017 and whose home was searched is now suing the City, alleging that his rights under the Charter of Rights and Freedoms were violated and his reputation damaged beyond repair.
The City, which oversees the Winnipeg Police Service, will appear before a judge on Thursday to decide whether Tyler Lintick's 2021 lawsuit warrants a civil trial.
< p class="e-p">According to a statement from Tyler Lintick filed in court in 2021, police officers, including members of the tactical team, showed up at his home in Winnipeg in February 2017, handcuffed him and executed a warrant. search.
He alleges that he was not told whether he was being arrested or why he was being held, even after members of the Professional Standards Unit found out got into the back of a police car.
He was later arrested for possession of cocaine for the purpose of trafficking, and was asked to give the officers the keys to his house and the codes to the storage boxes for his personal firearms.
In its defense brief filed in December 2021, the City of Winnipeg says that the day before his arrest, after the officer posted a video on social media, concerns were raised at the about his mental health and that it was decided to refer him for a psychological evaluation.
A supervisor opened Tyler Lintick's locker to secure his service weapon following the ruling, in accordance with standard practice, according to the court filing.
Without his statement of the defense, the City says that rather than finding his service weapon there, the supervisor discovered a bag containing packaged white powder that looked like cocaine, along with pills and a cell phone. /p>
In a supplementary court document, Mr. Lintick states that the drugs were given to him by a confidential informant and that he was unable to bring the evidence to police headquarters in due time because he did not not get permission to work overtime to get there.
At the time, his police station did not have a locker for evidence in drug matter, and a sergeant told him to follow up on the matter later, he points out in the document.
Mr Lintick was released by police on a promise to appear and asked to speak with the Behavioral Health Services Unit, according to the defense. He was also placed on non-punitive paid leave.
Both parties claim he was cleared to return to work shortly thereafter.
In his statement, Tyler Lintick says he was cleared to return to work the same day he was arrested, while the City of Winnipeg says he was cleared to do so in May of the same year.
Tyler Lintick claims police ransacked his home and searched his property beyond the parameters of the search warrant, violating his Charter of Rights and Freedoms right to a reasonable expectation of privacy.
He also alleges that his Charter rights were violated because he was not immediately informed of the reason for his detention and that there was no reasonable and probable grounds to arrest him.
He claims that the investigation, which did not result in charges, resulted in the loss of his reputation, trauma , stress, difficulty sleeping and nightmares, among other damages.
During the hearing, Judge Gerald Chartier will have to decide whether too much time has passed from the original incident, whether the prosecution of Mr. Lintick is a real issue requiring a civil trial or whether it can be decided summarily.
With information from Rachel Bergen