Grandfather awarded $66K in damages after violent, 'traumatic' takedown at B.C. courthouse
Richard Sweeney was 60 when sheriffs forced him to the ground in 2014, worsening an old injury
A B.C. man who was permanently injured in a "violent and traumatic takedown" at the courthouse in Victoria has been awarded $66,500 in damages.
Richard Sweeney was 60 when a sheriff forced him to the ground in 2014, leaving him with a cut above his eye and a concussion. An injury to his shoulder was exacerbated, leaving him with "lasting" damage.
He'd clashed with a sheriff over having his backpack searched.
In her decision Tuesday, B.C. Supreme Court Justice Sharon Matthews said sheriffs used unnecessary force that has left Sweeney in permanent pain, which affects his ability to care for and play with his two young granddaughters.
Takedown over backpack search
Sweeney went to the courthouse to fill out paperwork on Sept. 5, 2014. He was wearing his backpack and one sheriff, Christian Bergen, stopped Sweeney as he was walking into the office and asked if he could search the bag.
People are subject to having their bags searched at any time in B.C. courthouses under the Sheriff Act, and there are signs displayed in courthouses saying so.
Sweeney told the sheriff he could "go ahead" — though the justice found he was obviously irritated — and set his bag down and unzipped it.
The problem arose when Sweeney refused to step away while Bergen looked inside, despite being asked more than once.
Bergen's colleague, Sheriff Andrew Kain, saw this as obstruction and the sheriffs started to escort Sweeney out of the building when he continually refused to move.
As they did, they held Sweeney's arms behind him with his hands up to the middle of his back — something that hurt Sweeney pre-existing injury to his right shoulder.
Sweeney started to struggle over the pain and Bergen took him down.
Lawsuit against B.C., both sheriffs
Sweeney suffered a cut to his forehead, bleeding enough to leave a pool on the floor. He also had a concussion.
He sued the province and the sheriffs after the takedown, claiming they used excessive force.
Sheriff Bergen, who made the decision to bring Sweeney down, said he did so because they were getting close to the stairs and he was concerned the struggle could lead to a fall if they tried to walk down and out of the building.
Justice Matthews sided with Sweeney in her decision. She said the sheriffs didn't try to de-escalate the situation in conversation when Sweeney was terse in his responses, opting instead to escort him out immediately.
Matthews also noted that Sweeney wasn't physical with the sheriffs before the escort.
The justice awarded Sweeney $66,500 for the permanent damage to his shoulder and arm, ongoing migraines and loss of lifestyle.
Sweeney, who works graveyard shifts as a janitor, testified that he has two young granddaughters he often cares for during the day. He volunteers at their school and used to take them swimming, the latter of which he says he can no longer do.