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SIU clears Dryden Police officer after man suffered broken elbow while in custody

The Special Investigations Unit said the officer acted lawfully when struggling with a man in custody who posed a risk to himself.
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DRYDEN, Ont. - A Dryden Police Service officer has been cleared of any wrongdoing following an incident where a man sustained a broken elbow while in custody.

The Special Investigations Unit launched an investigation on May 12, 2021 for an incident that took place in the early morning hours at the Dryden Ontario Provincial Police detachment.

According to the SIU report, the Complainant was arrested by the OPP for being in violation of a release order. After being transported to the OPP detachment, the Complainant became belligerent and combative and the OPP contacted the Dryden Police Service for assistance.

The Complainant was intoxicated and designated as a suicide risk in police records. For the Complainant’s safety, officers advised him that he would need to be placed in a security gown, but while trying to remove his handcuffs, the Complainant continued to be combative.

Officers were able to place the Complainant in a cell and during the struggle, one of the OPP officer’s emergency help button was pushed.

Three Dryden Police Service officers attended the detachment after receiving a request for assistance.

The officers entered the cell and advised the Complainant that his handcuffs and clothing would need to be removed so he could be placed in a security gown. The Complainant continued to struggle with officers and he was forced over the bench of the cell.

It was during this struggle that the Complainant sustained a fractured elbow. The Complainant cried out in pain and the officers left the cell to allow him to calm down. The Subject Officer advised the others that a popping sound was heard from the Complainant while trying to restrain him.

The SIU’s investigation included interviewing all five witness officers, as well as the Subject Officer. The incident was also captured on video surveillance, which was reviewed by the investigative team showing the struggle, as well as the Complainant’s arm being bent in an awkward position while the Subject Officer was attempting to remove his hoodie.

The Complainant was also seen cradling his elbow on the floor after the incident at approximately 2:40 a.m. and again in the morning after sleeping until 6 a.m.  

According to SIU director, Joseph Martino, the force used by the Subject Officer was not excessive when trying to subdue the Complainant.

“Once lawfully in police custody, the officers were entitled to take reasonable measures to ensure his safety. This extended to removing clothing deemed potentially dangerous and placing him in a security gown given information in their possession that the Complainant was at risk for suicide,” Martino writes.

“When the Complainant refused to remove his clothing and wear the gown, the officers were within their rights in resorting to a measure of force to compel him to do so. That force, consisting of the officers wrestling with the Complainant to overcome his resistance and remove his clothing, was not disproportionate in view of the nature and extent of the struggle the Complainant was able to wage.”

Martino adds that aside from a knee strike by one of the other officers, the Complainant was not kicked, punched, or struck by the officers.

“Importantly, shortly after it appeared the Complainant had suffered a serious injury, the officers withdrew from the cells to allow time for the Complainant to calm down, even as he continued to refuse to put on the gown,” Martino writes. “On this record, I am unable to reasonably conclude that the force used by the officers fell afoul of their legal remit.”

“In the result, while I accept that the Complainant’s elbow was fractured as the officers wrestled to control him in the cell and, in particular, as the Subject Officer grappled with his right arm, there are no reasonable grounds to believe that any of them comported themselves other than lawfully throughout the engagement.”



Doug Diaczuk

About the Author: Doug Diaczuk

Doug Diaczuk is a reporter and award-winning author from Thunder Bay. He has a master’s degree in English from Lakehead University
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