Violent arrest outside B.C. concert prompted by public urination investigation, lawyer alleges

Violent arrest caught on camera An investigation is underway into a caught-on-camera arrest in Abbotsford B.C. where an officer punched a man in the face.

A public urination investigation outside of a rock concert resulted in the violent, caught-on-camera arrest of a B.C. man who is now suing the police, according to his lawyer.

Ryan Atzenberger is suing the City of Abbotsford, which operates the Abbotsford Police Department, and an officer currently identified only as "John Doe Constable #1" in a notice of civil claim filed in B.C. Supreme Court.

The lawsuit alleges that the police use of force was "excessive and gratuitous," that Atzenberger's arrest was unlawful, that he was falsely imprisoned, and that his Charter rights – including the right to counsel – were breached.

"This is the kind of case that it's just so blatant, it's so gratuitous and it's so offensive what happened," Atzenberger's lawyer Daniel McNamee told CTV News.

"I think it really degrades trust in the police," he added.

The incident at the centre of the lawsuit happened on Nov. 26, 2022 outside of a venue where thousands attended a show by The Offspring.

Video of Atzenberger's arrest was posted online, showing, in part, a uniformed officer punching him twice in the face. Soon after, the Abbotsford police released a statement announcing a disciplinary investigation had been launched.

McNamee says – as is so often the case – the video, which is about a minute and a half long, only tells part of the story.

"It's not just the punching," he said.

"The story gets worse when you start going into it, because it's not just that one snippet. It's the whole situation – how it started, what happened in the middle and how it ended."

None of the allegations have been tested in court and no responses to the claim have been filed. Both the City of Abbotsford and the APD declined to comment on the case while it is before the court.

Warning: The embedded video of the incident features profanity. 

THE 'OBSTRUCTION'

Both the notice of civil claim and the official statement released by the Abbotsford Police Department say Atzenberger was told by officers that he was being arrested for obstruction.

While neither specifies what exactly police were investigating when they came into contact with Atzenberger, McNamee offered details in an interview with CTV news.

"Basically, somebody peed on the sidewalk. That's what it comes down to. That's what this is all about," he said.

"After the Offspring concert, with 10,000 people leaving the scene, the Abbotsford Police Department determined that they needed eight officers to conduct a public urination investigation. It's just outrageous, it's just an abuse of authority."

McNamee said his client did not urinate in public, but was accused of obstruction because he either refused or was unable to direct officers to the person who did.

"That, to me, is hugely offensive," he said, adding that in his view, obstruction occurs when someone deliberately misleads or otherwise impedes an investigation.

McNamee says the arrest was also unlawful because Atzenberger was not advised of his Charter rights, including his right to consult a lawyer.

A statement issued by APD spokesperson Sgt. Paul Walker last year alleged that Atzenberger "began to interfere" with officers' investigation and "ignored police direction."

"As a result of the man’s actions, police advised him that he was under arrest for obstruction," it said.

Atzenberger has not been charged with obstructing a peace officer or any other crime in relation to the incident, according to his lawyer and publicly available court records.

THE ARREST

The video posted online shows five officers and several members of the public including one man, now identified as Atzenberger, face-down on the ground.

The statement of claim alleges that excessive force was used to bring Atzenberger to the ground, saying he was "beaten senseless" and "lying limp on the ground" before the camera started recording.

McNamee thinks the reason someone decided to start filming in the first place is because the arrest was conducted "with excessive force, in such a way that it made the public incensed."

The video itself shows two uniformed officers, one holding each of Atzenberger's arms. When he appears to try and move away from the officers, the one the legal documents refer to as John Doe Constable #1 punches Atzenberger twice in the side of the face.

The legal documents say that Atzenberger's arm "slipped" out of John Doe Constable #1's grip and that he "did not resist any attempts to be handcuffed."

The police statement about the incident describes it differently.

"During the arrest, the man continued to be non-compliant, resulting in the officer using force on him, striking him twice in the face before taking him into custody and placing him in handcuffs," it said.

THE AFTERMATH

After the cameras stopped rolling, McNamee says Atzenberger was taken to police headquarters and put in the "drunk tank." The civil claim says Atzenberger denies being intoxicated and that he was refused a both a breathalyzer and a phone call to a lawyer while in custody overnight.

The legal documents allege that, due to the use of force, Atzenberger suffered a concussion, bruising, injuries to his arm and face, and that a pre-existing condition was aggravated. Additional impacts of the incident include loss of sleep, emotional upset, and post-traumatic stress disorder.

"As soon as I heard about this incident, I immediately wanted to get this claim filed and essentially make the statement that Mr. Atzenberger's not going to stand for this, our society's not going to stand for this and the City of Abbotsford is going to have to answer for this," McNamee said.

Atzenberger is seeking an unspecified amount in damages, including general damages for pain and suffering, Charter damages, and punitive damages.

"This is the sort of thing where I think the judgment amount will have to be something that hurts," McNamee said.

"If it doesn't hurt it's not punishing. And that's what punitive damages are. Punitive damages are intended to punish so as to prevent things from happening again."

McNamee says he also anticipates amending the claim soon to identify the officer involved and that he is hoping publicizing the case will encourage witnesses and people with information to come forward.

"We'll be naming that officer and proceeding against him," he said.

"Ultimately, by getting it out there and making it known that this is what's happening, we'll have a greater chance that witnesses might reach out to me."