A mute and partially deaf man who breathes through a tube in his neck has filed a $1.5 million lawsuit that alleges five Alberta sheriffs used excessive force in ejecting him from a Red Deer courthouse.

In a statement of claim filed Thursday in Edmonton, William Berry, a throat cancer survivor, said he suffered numerous injuries, including multiple contusions.

Berry arrived at the courthouse on Dec. 9, 2011 to pay a $140 speeding ticket. A surveillance video widely circulated on YouTube appears to show him entering the building through an exit door instead of an entrance outfitted with security screening equipment.

The claim states he was approached by a sheriff in “an excited and angry manner.” Berry attempted to use hand gestures to explain his hearing disability, but the sheriff, identified as Thomas Bounds, dragged him in a bear hug toward the exit of the courthouse, where he collapsed.

According to the allegations, other sheriffs then physically restrained him by putting their knees on his chest and right kidney. Berry claims his breathing tube became dislodged as a result of the force.

He attempted to reach for his wallet to show a card that explained his medical condition but began to convulse.

Eventually, he was released and escorted to a bench. He then paid the ticket.

A 2012 investigation by the solicitor general’s office concluded Bounds used “excessive” and “unjustified” force in the courthouse incident but assault charges against the sheriff were stayed by the Crown last April. Bounds no longer works for the province.

In the statement of claim, Berry alleges the behaviour was “malicious” and “inhumane” and the use of force in the situation was without cause.

The Red Deer resident said he suffers from post traumatic stress disorder, distress and anxiety, and his relationship with his wife and son has deteriorated as a result of the incident.

tgignac@calgaryherald.com

Twitter.com/TamaraGignac