Thompson security guard alleges RCMP officer falsely arrested him at motel he was hired to monitor

Security guards from Thompson, Man. are suing the Attorney General of Canada and two Mounties, alleging they were falsely arrested at a motel where they were hired to do security, with one being bitten by a police dog and beaten in the process.

The claim was filed in May of 2022 in Court of King’s Bench. It names Eric Fortin and Claudine Latulippe as plaintiffs. The Attorney General of Canada, who is responsible for the operation of the RCMP, is named as a defendant, as well as Mounties Cpl. Peter Baxter and Cst. Jeremy Luening.

According to the statement of claim obtained by CTV News Winnipeg, Fortin alleges he was hired in May 2020 to provide security services at night at a Thompson motel that was under construction.

To do so, Fortin stayed at a room in the motel overnight, and had permission from the owner for Latulippe be on the premises, as well, the court documents state.

The incident in question is alleged to have happened on May 17, 2020, at around 1:45 a.m. According to the claim, Fortin heard sounds coming from the parking lot, and looked out the window to investigate.

Fortin alleges he shouted a warning for them to leave, believing they were trespassers. Instead, he said he heard RCMP officers reply, identifying themselves and warning Fortin he was under arrest.

According to the claim, Cpl. Baxter and Cst. Luening went inside the motel, kicking in the door to Fortin’s motel room, a K9 dog in tow, and once again alerted Fortin he was under arrest.

During the arrest, Fortin said he was bitten by the K9 dog multiple times, with Fortin grabbing the dog’s bottom jaw repeatedly to defend himself.

He claims he told the officers there was a security logbook on the bed to confirm his credentials.

Fortin alleges Cpl. Baxter struck him numerous times on the top of his head during the arrest.

According to the claim, Fortin was handcuffed and told he was under arrest for resisting arrest, assaulting a peace officer, and assaulting a police service dog.

Latulippe alleged the police service dog bit her shawl before she was handcuffed.

Fortin was taken to a cruiser car, while Latulippe was escorted off the premises and released without a charge, the statement reads.

Fortin said he was treated in hospital for bite wounds, before he was transported to the Thompson RCMP detachment. He was held until he was released by appearance notice.

The claim alleges Fortin sustained injuries from the incident including lacerations or abrasions to his left arm, back, buttocks, and both legs, as well as nerve damage in his right arm. He alleges he suffered headaches and post-concussion symptoms, trauma, mental and emotional suffering, nightmares and sleep interruption.

Latulippe alleges she suffered post-traumatic stress disorder and sequelae as a result of the incident.

They accuse RCMP of forcible confinement, false arrest, break and enter, negligence, and trespassing, saying there were no reasonable or probable grounds to arrest either of them.

They are seeking costs, as well as general, punitive, and special damages, owing to loss of income and earning capacity from the incident.

Use of force ‘reasonable, necessary’: statement of defence

In a statement of defence filed in July 2022, the defendants allege they were stationed outside the motel carrying out surveillance on an unrelated police matter when they saw what they believed to be a break-and-enter in progress at the motel involving two people.

They say the suspects were in an unmarked vehicle, entered the property through a gap in the chain link fence with a flashlight, and were wearing clothing that didn’t indicate they were security.

According to their claim, the Mounties announced from outside the motel that police and a police service dog were on the premises, warning multiple times they would enter the motel if those inside did not come out.

When no one did, the Mounties say they went inside the motel room and arrested Latulippe without incident and without the use of the police dog.

They allege Fortin continued to behave erratically, refusing to comply with police commands, refusing to show his hands, putting his hands in his pockets and behind his back, and continuing to move around the room.

The plaintiffs deny that Fortin advised them that he had the motel owner’s permission to be at the motel, and did not tell them about the logbook.

Cst. Luening said he approached Fortin to arrest him and Fortin turned towards him with clenched fists as if preparing to fight him. They allege Fortin “initiated a struggle” with Cst. Luening, so Cpl. Baxter released the K9 dog to gain control of him.

The defendants say when the dog bit Fortin’s leg, he grabbed the dog by the muzzle and throat and continued attacking the dog, even after it had released its grip.

“Cpl. Baxter tried to break Mr. Fortin’s grip on the police dog and placed him in a headlock and applied force until Mr. Fortin released the dog,” the statement reads.

The defendants also allege neither Fortin nor Latulippe were licensed security guards, and the Mounties were justified in the level of force they used.

“The force was reasonable, necessary, and incidental to the attempts to arrest the plaintiffs and more specifically, to place Mr. Fortin in handcuffs and to manage safety concerns that Mr. Fortin could injure the involved officers.”

According to the claim, the charges against Fortin were later stayed.

None of the claims outlined in the documents have been tested in court.