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Cops on hook for injuries during raid
By: Kevin Martin, The Calgary Sun (CN AB), 02-25-05

Cops who cracked the ribs of a city man when they wrongly raided his home must pay him $20,000, Alberta's top court ruled yesterday. The Alberta Court of Appeal, in upholding a lower court ruling, said then-Const. Anthony Manning wasn't acting under the authority of his duties when he assaulted Darryl Crampton.

Manning, who was later promoted, was acting on false information provided to police when he and Tac-team members raided Crampton's home on April 13, 1995.

Crampton, who was in his kitchen digging a pickle out of a jar when cops barged into his northeast apartment, was ordered to the floor and then held there by Manning's knee.

Officers then searched the 32 Ave. N.E. residence, but failed to find marijuana and weapons they were falsely told would be there.

Justice Adelle Fruman, in handing down the appeal court's unanimous ruling, said a lower court judge properly considered the Criminal Code protection police are afforded.

Section 25 (1) of the legislation says police are protected if they don't use excessive force in conducting their duty.

But Fruman noted Justice Ernest Hutchinson ruled Manning used excessive force in arresting Crampton.

"Once the trial judge found that Constable Manning used excessive force in restraining Mr. Crampton, the protection of s. 25( 1) was no longer available to him," Fruman wrote.

© 2005 H.U.M.A.N.: Hemp Users Medical Access Network - Toronto Medical Marijuana