Police face lawsuit after “SWAT” raid turns up nothing

March 2, 2010 - Jason Lamka has sued and won against the Waterloo Regional Police Service (see The Record: “Police Fined after Improper Arrest” October 4, 2008).

Now he is suing again. This time he alleges that the WRPS stormed into his residence looking for gun that did not exist.

Lamka claims that the heavily armed Emergency Response Unit broke down the front door of his Ottawa Street residence and charged in. Police located Lamka in the residence and pointed a gun to his head. Flash grenades used by police started a small fire in the living room. Police also closed off nearby streets and a local high school was put under “lockdown”.

Even though no gun was found, police took Lamka to the Division 1 police station, strip searched him, and held him for approximately 7 hours. He was then released without charge. Police said they would pay for some of the damage to the home but never did.

Lamka claims $25,000 for false arrest, assault, and breaches of his rights under the Canadian Charter of Rights and Freedoms. The Statement of Claim states that there was insufficient evidence to search the house, the force used during the search was excessive, and there were no grounds to arrest and strip search Lamka.

In a related claim, the owner of the house is suing the WRPS for $50,000 in the Kitchener Superior Court of Justice.

The trial begins March 2nd, 10am, court room 4, at the Superior Court of Justice at 20 Weber St. E, in Kitchener.

For more information call Davin Charney at 226-747-2317 or e-mail davin@charneylaw.ca