Judge dismisses Fort Erie couple’s claim that police search caused ‘psychological injuries’

Police acted appropriately during a 2011 search warrant executed at a home in Fort Erie, an Ontario Superior Court judge has ruled.

Judge Gibson dismissed a case late last month against the Niagara Regional Police Service board that alleged police mistreated Janice Campbell and Edward Turasz, when they performed a “dynamic entry” of their Riceland Avenue home to arrest Campbell’s son Brock, who police suspected of dealing drugs.

The pair had been seeking $250,000 in damages stemming from alleged negligence, assault, and a breach of their Charter rights. According to court documents, they claimed Campbell developed post traumatic stress disorder (PTSD) from the incident and Turasz developed acute stress disorder.

However, the judge didn’t buy it, siding with the testimony of a psychiatrist the police brought in as an expert witness. According to court documents, Dr. Patricia Rosebush acknowledged that the night in question would have been “a major stress for almost anyone,” and that Campbell did develop “a transient and reversible condition” called Takotsubo cardiac syndrome.

However, Rosebush went on to say that Campbell recovered from the episode and that she didn’t believe the woman developed PTSD.

“In my opinion, Ms. Campbell does not currently meet criteria for PTSD, or any other major psychiatric illness and I also do not believe she developed PTSD in response to the presence of the SWAT team at her home on February 23, 2011,” Rosebush said, according to court documents.

Police used the “dynamic entry” of the home to arrest Campbell’s son. The method is essentially a shock and awe type move, meant to overwhelm the suspects and get them apprehended quickly before a more tense situation develops.

At the time, the suspect was living downstairs while the two plaintiffs lived upstairs. The suspect was under house arrest for previous drug convictions and according to police investigations Brock had previously been robbed in a home invasion that injured his leg, and also possibly had a firearm.

Concerns over the potential gun and how the suspect would react helped convince police to conduct the dynamic entry.

The judge found this reasonable and dismissed the claims of the plaintiffs that police could have focused their search warrant on the lower level where Brock was living. The judge didn’t find credible any accusation of excessive use of force.

Judge Gibson also didn’t find the plaintiffs’ testimony credible–they also claimed police kept them in a prone position for an extended period of time despite medical concerns, and that an officer hit Turasz in the head with the butt of their rifle–nor did Gibson find the testimony of the plaintiffs’ psychiatrist as credible as that of Rosebush.

Brock eventually plead guilty to charges related to drug dealing following the search warrant.

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