A York Regional Police officer at the centre of a racially-charged dispute has sued his employer for $15-million.

Dameian Muirhead, and his wife Chantall, also a longtime York Police constable, accuse the force of causing them “humiliation and embarrassment accompanied by feelings of insecurity and anxiety,” by the force’s handling of a public complaint against Muirhead.

They say this stress contributed to a miscarriage suffered by Chantall Muirhead in November 2011.

“This resulted in immense emotional, physical and mental distress and anguish for the Plaintiffs who had to deal with the loss of the pregnancy,” their statement of claim states.

They are seeking $10-million in general, aggravated and special damages and $5-million in punitive and exemplary damages.

“The Plaintiffs have suffered from shattered faith, disbelief, disgust, anger and disappointment in their employer for which they have been dedicated and loyal to for approximately 20 years combined,” their statement of claim reads.

“These feelings have manifested themselves into an inability to sleep, constant headaches, frequent illness, psychological anguish and various physical ailments for which the Plaintiffs have had to seek treatment from medical doctors and psychologist to cope with the damages,” the statement continues.

York Regional Police Chief Eric Jolliffe, who is named as a defendant in the lawsuit, said “the claim has no merit and will be staunchly and resolutely defended.”

York police announced this week that they have discontinued the police act case against Muirhead.

Muirhead was originally charged with insubordination, discreditable conduct and neglect of duty.

In a written statement, Jolliffe said the force “made repeated attempts to resolve the matter informally with a written reprimand, which if accepted, would have already been permanently expunged from Constable Muirhead’s personnel file.”

Jolliffe said the force also unsuccessfully tried to resolve the case through an external mediator.

“While the hearing was ongoing, we were forced to remain silent while this police service endured a series of baseless accusations and attempts to tarnish the exemplary record of racial and cultural inclusivity which is the hallmark of York Regional Police,” Jolliffe said.

The trouble began after Muirhead was dispatched to investigate a domestic assault at a bush party in Aurora on May 21, 2011.

When party-goers refused to co-operate, Muirhead began writing down license numbers. A leather jacket fell on the ground when he attempted to see the plate on a motorcycle, a disciplinary hearing heard.

The motorcycle’s owner, Rheal Duguay, shouted at Muirhead. To “pick up my (expletive) jacket, you (expletive) pig.”

Muirhead ignored him, the hearing was told.

Another partygoer was heard saying, “I would love to see that guy hanging from a tree,” in reference to Muirhead, who is black.

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Three days later, Muirhead encountered Duguay at an Aurora gas station.

According to Muirhead’s statement of claim, Duguay said, “You’re lucky you have a badge and a gun or I’d kick your ass” after Muirhead refused to give him a business card.

Muirhead charged Duguay with uttering threats.

In his statement of claim, Muirhead alleges that an investigator with the force’s professional standards bureau defamed his character to members of his platoon and potential witnesses in the Police Services Act hearing. This included warning a fellow officer that he should shun Muirhead.

In his statement of claim, Muirhead accuses York of pursuing a “negligent and malicious investigation,” which included not interviewing fellow officers who were witnesses at the bush party.

Instead of honestly looking into Duguay’s complaint, the professional standards investigator “conducted a malicious investigation that was narrowly focused to support charges of misconduct against the Plaintiff.”

“At the same time, he failed to be objective by overlooking evidence that would have demonstrated that the Plaintiff, Dameian Muirhead, did behave professionally and appropriately towards the Defendant, Rheal Duguay,” the statement of claim says.

Duguay complained to police that Muirhead called him a “loser” and gave him an incorrect police badge number.

Duguay received a discharge on the charge that he threatened Muirhead when he agreed to take a one-day anger management course.

In his written statement, Jolliffe dismisses media reports that Muirhead was disciplined for failing to investigate racial slurs against himself. Those reports are “simply inaccurate,” Jolliffe says in his written statement.

Muirhead’s neglect of duty charge reads; “PC Muirhead neglected to properly investigate an allegation that he made in his notations to the Crown’s office which drew a nexus between the complainant and a person who was heard making racist remarks.”