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In particular, it alleges that Montsion and Weir are liable for “assault, battery and use of excessive force,” during the arrest. The lawsuit claims “the actions of the Defendant Officers on July 24, 2016 … constituted assault and battery. In addition, the force used by the Defendant Officers on Mr. Abdi … was excessive. The Defendant Officers failed to use reasonable means to address the situation.”

It alleges that the Ottawa Police Services Board had no system of oversight for incidents such as this. The board, alleges the lawsuit, “failed to have any system in place by which it would become aware of any and all instances where it had been determined by a court that either or both of the Defendant Officers, or any officer, had used excessive force or violated an individual’s rights.”

It charges that Bordeleau “failed to ensure that the Defendant Officers were properly trained and/or provided guidelines with respect to … excessive force.”

Lawyer Lawrence Greenspon, who is representing the Abdi family in the civil suit, said the legal action will hopefully provide a recognition of wrongdoing, apart from the question of criminal responsibility.

Photo by HO / THE CANADIAN PRESS

“Criminal trial is the state versus Officer Montsion,” Greenspon said. “The civil action is a very different type of vehicle. The purpose of the civil action is one, for recognition that what happened to Abdirahman Abdi was wrong. And two, it’s through the civil action that we hope to see systemic change within the police force, the police services board, the chief of police, in the training, and we’re confident that the civil action is the best way to try to affect that change.”