“I ended up with a gash on my head,” he said, noting also that he was concerned about his kidney when he was kneed because he only has partial kidney function.

The statement of claim describes the three officers as having used “non-consensual physical contact that escalated to excessive force and brutality.”

Police took him to the hospital, where Miller said he spent a couple of hours with his hands cuffed behind his back, before being taken back to the police station.

He was charged and then released on a “Promise to Appear” in court on Sept. 9, but on Sept. 7, Miller was told he would not have to go court.

Miller’s lawyer, Kevin Kemp, said the charges never made it to the Crown attorney.

“The Crown attorney has no knowledge of it,” Kemp said.

But the arrest and alleged assault that went along with it make up only part of the issues listed in Miller’s claim.

The day after Miller was arrested, the Guelph Police Service sent out a media release telling its own version of the arrest.

It describes how police were alerted by a city hall staff member about a male “acting suspiciously,” and apparently taking pictures at the splash pad.

“Police located and spoke to the male,” it said. “As a result of the investigation, Derrick Miller, 32 years of Guelph, was arrested and charged with voyeurism, possessing child pornography and mischief.”

The contents of the news release, including Miller’s name and age, were published by various media outlets, including Guelph Today, the Fountain Pen, and 570 News.

“As a result, Derrick was subjected to extensive ridicule and hostile remarks that included threats to do him physical harm,” says the statement of claim.

Miller said no one has threatened him directly, only through comments on news articles, but it’s still upsetting.

He also received a letter from the Special Olympics, with which he used to play softball, saying he “was basically kicked out,” he said.

After the charges were dropped, he was told he could return, but “I’m not totally willing to have anything to do with the Special Olympics anymore,” Miller said.

The organization, which provides programming for athletes with special needs, has significant ties to the law enforcement community, which is involved in fundraising.

Police officers are not the friendly faces they used to be for Miller.

“Every time Derrick sees a policeman in his uniform, Derrick gets very agitated,” said his father, John Miller. The incident “really has set him back,” he said, describing how his son is no longer living independently, but stays with one of his parents or his grandmother, and is afraid to go out in public alone.

Asked how he hopes suing the police might help, Derrick Miller said, “I’m hoping that what happened to me doesn’t happen to anybody else.”

He added, “I want to try to put my life back together.”

“He also wants people to know that he did nothing wrong,” said Kemp.

Along with Miller, the claim names his father and his mother, Carol Miller as plaintiffs.

The defendants include the Guelph Police Services Board, police chief Jeff DeRuyter, Sgt. Manfred Hoyer, Sgt. Doug Pflug, Const. Trevor Byard, and two officers referred to as John Doe and Jane Doe.

“We don’t know the identity of two of the officers,” said Kemp, explaining that Freedom of Information requests have been made, but the information has not yet been released.

The unknown officers, along with Byard, were the ones who allegedly interacted with Miller on July 27.

Hoyer is named in the claim as the “supervising sergeant” of those three officers.

The claim against Pflug is that he “negligently repeated the false and defamatory allegations to other media outlets,” the statement said.

The plaintiffs are seeking “general damages in the amount of $3 million for assault, battery, abuse of process, defamation, malicious, prosecution, false arrest, false imprisonment, injurious falsehood, and negligent investigation.”

The claim also seeks “punitive, exemplary and aggravated damages in the amount of $2 million,” as well as “special damages in an amount not yet determined.”

In answer to a Mercury Tribune inquiry, Guelph police chief Jeff DeRuyter offered little in the way of comment.

The claim will be assessed and dealt with through the appropriate legal channels, DeRuyter said.

"Given the fact that it is a matter now that is before the courts, it wouldn't be appropriate to comment on it," he said.