There was a large police presence on Kappel Street in Sicamous on Jan. 2, 2019. (File photo)

There was a large police presence on Kappel Street in Sicamous on Jan. 2, 2019. (File photo)

Woman files lawsuit related to 2019 police takedown in Sicamous

The plaintiff, a Vernon resident, was in a vehicle allegedly rammed by police cars

The woman who was in the passenger seat of a vehicle targeted by a January 2019 police raid in Sicamous has launched a lawsuit over police actions which allegedly left her injured.

A notice of civil claim filed by Kimberley Lou Daley with B.C. Supreme Court in Kamloops on Dec. 23, 2020 alleges she was injured when a car she was a passenger in was rammed by two RCMP vehicles on Jan. 2, 2019. The notice states that as the car was backing out of Daley’s daughter’s driveway on Kappel Street in Sicamous, two police vehicles purposely collided with it. One vehicle struck the car’s right front bumper and another hit it on its left fender and left front door.

Daley got out of the vehicle and was arrested.

According to both the notice of claim and police statements from the time of the incident, RCMP officers were attempting to locate and arrest a man named Michael David Trosky who was wanted on multiple warrants.

Trosky was not inside the Kappel Sreet residence when police entered it. He was eventually taken into custody by the Kamloops RCMP in April 2019.

Read More: Man wanted for Salmon Arm robbery the same who evaded capture in Sicamous

Read More: KIJHL postpones regular season until Feb. 5

At the time of the raid, an RCMP spokesperson said officers’ actions were due to the threat Trosky posed to the public and the disregard he had shown for public safety in previous attempts to arrest him.

Daley’s lawsuit claims that RCMP officers acted negligently and breached the duty of care owed to her. Specifically, it refers to officers’ failure to determine if the vehicle was occupied by a wanted person and their decision to ram the car without enough regard for the likelihood of injury to the vehicle occupants. The notice of claim also states that officers placed Daley under arrest without having reasonable cause to believe that she committed a crime or breached the peace. It also claims they failed to use force that was reasonable and non-excessive when detaining Daley.

Along with negligence, false arrest and battery are claimed.

Read More: B.C. shifts reporting to get COVID-19 information out faster

Read More: BREAKING: Cougar shuts in North Okanagan elementary school students

The notice claims that Daley suffered soft tissue injuries, bruises and a variety of psychological ailments as a result of the police takedown.

The Minister of Public Safety, the B.C. Solicitor General and the Attorney General of Canada were named as defendants in the suit which claims that the Crown is vicariously liable for wrongful acts or injuries committed by its employees in the course of their duties. The defendants had not yet responded to the allegations.

Officers from the Salmon Arm and Sicamous RCMP detachments as well as the RCMP Southeast District emergency response teams were present for the incident.

None of the allegations in the notice of claim have been proven in court.



jim.elliot@saobserver.net

Like us on Facebook and follow us on Twitter

Cops and Courts

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Phil McLachlan - Capital News)
Demolition of Bargain Shop downtown Kelowna clears way for big development

Bernard Block will encompass two residential towers, commercial tower, street-facing businesses

Cannabis
Vancouver-based cannabis retailer buys Kelowna pot shop

Grasshopper Cannabis was bought before it even opened for business

One in seven Canadians deal with food insecurity due to the pandemic. See story on page 10. (Phil McLachlan - West K News)
Kelowna’s first community fridge needs a home

People who need food right away will be able to access the community fridge

This historic photo is of Peachland waterfront and wharf, circa the 1920s.
The paddle wheeler SS Sicamous is at the wharf and in the foreground appears the unique eight-sided Peachland Baptist Church, built-in 1910, serving as a place of worship until 1964.
It then saw use as a temporary municipal hall, parks and recreation office, public library and fire brigade hall.
Since 1980 the building has been used as the Peachland Museum.
The photo was posted to the Facebook group Old Kelowna.
History in photos: Peachland waterfront circa 1920s

A look back into West Kelowna’s past

FILE – A COVID-19 vaccine being prepared. (Olivia Sullivan/Sound Publishing)
B.C. seniors 80 years and older to get COVID vaccine details over next 2 weeks: Henry

Province is expanding vaccine workforce as officials ramp up age-based rollout

B.C. health officer Dr. Bonnie Henry and health minister Adrian Dix wore pink shirts to showcase this year’s motto: “Lift each other up.” (Twitter/PinkShirtDay)
PHOTOS: B.C. celebs take a stand against bullying on Pink Shirt Day

‘We need to let young people know they are not alone and they can reach out to others for help’

Malakwa firefighters bring a barn blaze under control in the 4,000 block of the Trans-Canada Highway on Friday, Feb. 19, 2021. (Sean Coubrough/CSRD photo)
Barn fire prompts fundraiser for Shuswap family of eight

Blaze leaves Malakwa family in need of feed, supplies for beloved horses

Vernon-North Okanagan RCMP and the BX-Swan Lake Fire Department are on scene of a reported quonset fire fully involved in the 900 block of Pottery Road. (Jennifer Smith - Morning Star)
North Okanagan quonset structure on fire

BX-Swan Lake Fire Department battling blaze on property in Vernon Wednesday, Feb. 24

Justin Morissette is still recovering from the injuries sustained in the altercation. He is not yet able to walk without assistance. (Justin Morissette, Twitter)
B.C. man suing city and police over violent altercation with anti-LGBTQ preacher

Justin Morissette argues police knew the threat the preacher posed, and failed to keep the peace

Brad Eliason as seen here after he came out of a medically-induced coma after being severely injured during an unprovoked assault at Okanagan Lake beach by Thomas Kruger-Allen. (Photo courtesy of GoFundMe)
Beach attacker’s sentencing delayed in Penticton court

His defense lawyer has introduced a Charter of Rights breach application

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Even with COVID travel restrictions the occupancy rate at the campground shot from 17 per cent to 45 per cent in 2020.  Photo Town of Princeton
Princeton’s town-owned RV park caught ‘campfire’ in 2020

Tourism director has even bigger plans for coming year

Jack Barnes, who was Cowichan Valley Capitals property from May 2020 until last week, scores a goal for the Penticton Vees during the 2019-20 BCHL season. (Brennan Phillips/Black Press)
COVID-crunched BCHL facing trade deadline dilemma with its 20-year-olds

Hard decisions loom when BCHL may or may not resume play

Reactions to the federal government’s proposed gun legislation are mixed across the province. (File photo)
Princeton mayor has no appetite for local handgun ban

Newly tabled federal legislation will download decision to municipalities

Most Read