'Excessive force': Burnaby man claims RCMP false arrest and humiliation

A Burnaby man is suing B.C.'s attorney general and a pair of RCMP officers for allegedly using excessive force during an improper arrest in front of his two children.

In a B.C. Supreme Court notice of civil claim, Koshin Hussein claims the two constables broke down his apartment door on April 20, 2014, shortly after he had a verbal argument with his wife.

He claims the officers pepper-sprayed him, took him to the Deer Lake detachment and then later released him and put him on a bus home in the rain without any shoes.

None of the allegations have been proven in court.

According to the notice of claim, the RCMP's professional standards unit later found the two officers neglected their duty and displayed "an improper attitude" by putting Hussein on the bus without proper attire.

But he says he's appealing that ruling to the federal Civilian Review and Complaints Commission for the RCMP, hoping for a finding of improper arrest and excessive force instead.

Argument led to arrest

Hussein claims the incident began as he was preparing a meal at home with his wife and children.

"One of the children was sick, and the plaintiff got into a verbal argument with his wife about what they should do to respond to the sickness," the claim reads.

"Ultimately it was agreed that they should take the child to the doctor and the children were placed in car seats in preparation for the trip."

Hussein claims he heard a knock and the door, and someone identified themselves as RCMP. He  says he asked the officer to wait while he went to his room and put on pants.

But when he returned, Hussein says the officer kicked the door in and swore at him. He claims he told the officer there were small children in the apartment and lowered himself to the ground, but the "highly agitated" constable put a gun to his head.

He claims the same officer then pepper-sprayed him.

At that point, another officer allegedly arrived on scene and Hussein claims he was handcuffed and walked out of the building to a police cruiser.

"Officers then entered the suite and spoke to the plaintiff's wife, who stated that there was an argument but it was not physical and no assault had occurred," the claim reads.

'Whether or not he was a practicing Muslim'

Hussein claims he was taken to the Deer Lake RCMP detachment and ultimately treated by paramedics for the pepper spray.

He claims he was held in a cell for eight hours, at which point the first officer asked him "about his background and religion, and whether or not he was a practicing Muslim."

Hussein claims he asked for a ride home because he wasn't wearing shoes, but the officers gave him a bus ticket instead and walked him to the bus stop.

"When the bus arrived, the officers placed the plaintiff on the bus and stated to the bus driver that they were to call the police if the plaintiff 'caused any trouble,'" the claim reads.

"The plaintiff was deeply humiliated by the officer's announcement, which could be heard by the passengers on the bus."

Hussein is claiming for damages including extreme nervousness, shock and fear and anxiety of police.

The RCMP have not filed a response to the claim.