A Guelph man with special needs is suing the Guelph Police Service and several police officers for $5 million.
Derrick Miller, 32, was arrested and charged with voyeurism, possession of child pornography and mischief following an incident at the City Hall splash pad last summer.
Those charges were eventually dropped before ever making it to court.
Miller suffered injuries during the arrest and was taken by ambulance to Guelph General Hospital.
A police report the following day distributed to various media outlets said Miller was arrested and charged with voyeurism, possession of child pornography and mischief.
Miller is a special needs person born with the genetic disorder Trisomy 8, which is characterized by some physical abnormalities and intellectual disabilities of various degrees.
"Derrick had not engaged in any act of voyeurism and he certainly did not possess child pornography. The charges were completely fabricated," reads the statement of claim.
None of the claims have been proven in court and the defendants in the case have yet to file a statement of defence.
Miller, along with his parents John and Carol Miller, are the plaintiffs in the case.
The Guelph Police Service, chief Jeff DeRuyter, three named officers and two unnamed officers are listed as defendants.
Miller is represented by Alliston lawyer Kevin Kemp. The statement of claim was filed in Ontario Superior Court of Justice in Barrie on Jan. 18.
The suit claims that Miller has been ridiculed and threatened with physical harm as a result of the police media release about his arrest.
As a result of his arrest and the subsequent media coverage, Miller was "banned for life" by the Special Olympics organization and issued a no trespass order by the City of Guelph, the suit states.
Since the incident it states that Miller has suffered emotional and psychological upset as well as depression and anxiety.
"He no longer trusts the police and no longer feels safe in the community. He is afraid to be alone outside of his residence," it reads.
The suit says on July 27 Miller was on his way home from work at Torchlight Industries and after getting off his bus downtown decided to sit on a public bench adjacent to the splash pad.
Following a complaint from city staff, police arrived.
"Shortly thereafter Derrick was approached by the defendants Byard, John Doe and Jane Doe who demanded, in an aggressive and hostile tone, that Derrick stand up. Derrick was intimidated by the manner and approach of these defendants and became apprehensive that he was going to be harmed," the claim reads.
After police moved him away from the splash pad the lawsuit claims police "used non-consensual physical contact that escalated to excessive force and brutality."
The suit claims Miller was forced to the ground, suffered a cut to his forehead that resulted in severe bleeding, was kneed in the back and kidney during his arrest. He was taken by ambulance to Guelph General Hospital.
"At the time Derrick was charged neither Hoyer nor Byard nor John Doe nor Jane Doe had a scintilla of evidence that Derrick had committed the offences with which he was charged," reads the statement of claim.
The lawsuit is asking for $3 million for assault, battery, abuse of process, defamation, malicious prosecution, false arrest, false imprisonment, injurious falsehood and negligent investigation.
It also seeks $2 million in punitive damages.
In addition to the police service and its chief, the lawsuit names Sgt. Manfred Hoyer, who was supervisor at the time of the incident, Sgt. Doug Pflug and Const. Trevor Byard. A male and female officer whose names have not yet been obtained by the plaintiff are listed as John and Jane Doe.
The defendants have 20 days to either file a statement of defence or give notice that they intend to file one.
