Victim assaulted, arrested, and searched after jaywalking; EPS officers investigated and sued in civil court

Item

Incident Title
Victim assaulted, arrested, and searched after jaywalking; EPS officers investigated and sued in civil court
Incident ID
221187
Incident Description
Deron Kuski, a lawyer from Regina, was arrested on August 4, 2002, by Edmonton Police Service officers Jason Forbes and Carlos Cardoso after jaywalking.

Kuski and two companions crossed a street with no visible traffic. After reaching the other side of the street, officers Forbes and Cardoso approached Kuski and his companions. Forbes asked Kuski for identification, which Kuski did not provide. Forbes asked Kuski if he could search him, to which Kuski replied “no, what for”. Without warning, Forbes placed Kuski in handcuffs and kneed him on the top of the knee, causing Kuski’s leg to buckle. Forbes proceeded to search Kuski and remove his identification and personal belongings from Kuski’s pockets. Kuski did not resist while being handcuffed but was shocked with the amount of aggression that the officers used against him.

“Whenever I would hear about a complaint like this against a police officer or someone in authority, you hold some kind of skepticism toward it” Kuski said in a CBC article (linked below). “You think the guy must have done something, he must have lipped them off or got physical with them or something. And the fact this incident was not like that, yet they maintain they were within their rights of doing what they did, is so disturbing to me”.

Forbes told Kuski that he would be taken to the police station. Kuski was read his rights, but he asserts that he was not told what he was being arrested for. Kuski was placed in a police cruiser and detained in a cell at the Old Strathcona Police station for approximately one hour before being released around 2:30 am. Kuski was locked out of the police station while only wearing a golf shirt and pants in 0 °C. After approximately 10 minutes outside of the station, Kuski knocked on the doors and asked to wait inside the station until his taxi arrived. The police officer answering the door refused Kuski re-entry, despite his complains about the cold. The taxi still had not shown up after an hour waiting outside, so Kuski obtained a ride from a pizza delivery driver back to his hotel. Kuski and his lawyer state the police were “reckless and malicious” by forcing the victim to wait outside in the cold in an unfamiliar city, without arranging appropriate transportation.

Kuski left the station with citations for jaywalking and refusing to identify oneself to a police officer. Kuski filed a complaint against the officers, which was dismissed after 14 months. Kuski appealed the discission and filed a civil suit against Forbes and Cardoso.
Incident Date
08/04/2002
Incident City
Edmonton
Incident Neighbourhood
Strathcona
Type of Abuse
Physical violence;
Arrest;
Withholding aid
Injuries Incurred
Knee injury;
Humiliation;
Loss of dignity
Weapon used
Knee
Victim Gender
Man
Victim Sexual Orientation
Not listed
Authority Involved
Edmonton Police Service
Officer Name
Jason Forbes; Carlos Cardoso
Officer Badge Number
2134 (Forbes);
1849 (Cardosa)
Court Cases
Action No. 0303 15417 in the Court of Queen's Bench of Alberta, Judicial District of Edmonton
Submission Source
External Database Import
Submission Source Affiliation
Alberta Police Misconduct Database
Submission Source Link
Collection
Alberta Police Misconduct Database
Alberta Police Misconduct Database
Additional Details
APMD original incident ID: i-qZZ1vHwpqVzRQD
Multimedia Type
PDF
Archive Publication Date
August 9, 2022
Archive Last Update
August 9, 2022
Tags
Edmonton Police Service;
excessive force;
unlawful use of force;
on-duty;
Charter;
Alberta Police Misconduct Database
Confidentiality/Restrictions
From published source
Complaint Resolution
The victim's complaint was dismissed after 14 months; appealed and filed a civil suit.

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