Nursing student sues Kelowna RCMP officer for alleged assault during wellness check

Nursing student sues Kelowna RCMP officer for alleged assault during wellness check

None of the allegations in the civil claim have been proven in court

A UBC Okanagan nursing student has filed a civil claim against a Kelowna RCMP officer, the Attorney General of Canada, the Minister of Public Safety and Solicitor after she claims she was assaulted and had her Charter Rights breached during a wellness check.

The alleged assault was filmed by a surveillance video taken from inside the student’s apartment building and the plaintiff’s lawyer is using the video in an attempt to prove the officer used excessive force.

The claim alleges that Mona Wang was at her apartment on Jan. 20 when her boyfriend called police and asked them to provide a health check on Wang, claiming she was under mental distress.

According to court documents, Const. Lacy Browning attended Wang’s apartment and found the student lying on the floor in a state of semi-consciousness. The plaintiff claims she was not a danger to Browning and did not act in a manner that would cause the RCMP officer to fear for their own safety.

The court documents state Browning did not identify herself as an RCMP officer or provide any medical assistance to Wang.

It’s alleged Browning demanded Wang stand up and as she could not stand on her own, the officer then kicked the plaintiff in the stomach.

“Browning repeatedly assaulted the plaintiff while shouting, ‘stop being dramatic’, ‘control your dog, don’t make me hurt him’,” court documents stated.

READ MORE: Kelowna man sues Mountie, province after viral arrest

These events were not recorded on the surveillance video.

However, the video does show Browning dragging the handcuffed plaintiff on her stomach out of the apartment, down a carpeted hallway.

The plaintiff alleges she suffered injuries to her face, upper thigh, right breast, sternum and forearms.

It’s also alleged Browning punched the plaintiff in the face causing significant bruising to her temple and broken blood vessels to the left eye.

It was then that the plaintiff was taken to Kelowna General Hospital (KGH); however, the plaintiff alleges Browning told medical staff that Wang was high on methamphetamine. The plaintiff claims she has never used illicit drugs and that a toxicology report from KGH, taken during the plaintiff’s time in hospital, showed she had no drugs in her body.

These actions that Browning allegedly took caused Wang to suffer emotional distress, humiliation, shame, embarrassment, psychological and emotional trauma.

Wang is seeking punitive and exemplary damages against Browning.

READ MORE: Kelowna crimes on a general downward trend: top cop

The defendants have filed a response to the civil claim disputing the allegations. Const. Browning alleged she attended Wang’s address to perform a health check after receiving a report the student was suicidal and was not responding to text messages.

It is alleged the plaintiff had a history of prior suicide attempts by ingesting medication. Browning stated in her response that she attempted to gain access to Wang’s apartment building but was unable until she was let in by another resident. The defendant claimed once inside she knocked on the plaintiff’s door and announced herself as a police officer. There was no answer and Browning claimed she was about to get strata to allow her into the unit when she heard the apartment door unlocked.

Once inside the apartment, Browning said she began to search for the plaintiff. The defendant claimed she discovered the plaintiff in the bathroom on the floor, lying motionless with her eyes closed, but was breathing. It’s alleged a box cutter was in Wang’s right hand and she had lacerations to her chest and upper arm. A bottle of acetaminophen and melatonin were allegedly nearby along with an empty bottle of red wine.

The Browning response stated Wang’s dog attacked her and the officer had to shut the animal inside a nearby bedroom. As the plaintiff remained unresponsive on the floor, the defendant claimed she had to perform a sternum rub on Wang in hopes the woman would regain consciousness.

READ MORE: Second video of Kelowna RCMP arrest shows Mountie punching

It’s alleged the plaintiff responded and began yelling. Browning said in the response that Wang hid her left hand behind her body and would not show the officer her hand.

Based on the defendant’s observations, Browning believed Wang had already had self-inflicted injures, had a history of being suicidal, may have ingested medication and alcohol, had a weapon exposed in her right hand, refused to show her left hand which led the officer to believe the plaintiff may have another weapon and could become combative.

The response claimed the plaintiff resisted the officer and had to be physically restrained in order to be arrested. The defendant claimed she did strike the plaintiff several times with an open palm and told her she was being apprehended under the Mental Health Act. The plaintiff refused to cooperate with the defendant’s demands to stand up, stated the response. It’s also alleged the plaintiff asked to be killed.

As Browning was alone without any other resources, she stated she had to move the plaintiff to the front door of the building to wait for fellow officers to arrive.

Once they arrived the plaintiff opted to cooperate and was transported to hospital. The defendant denies intentionally misleading medical professionals at KGH.

READ MORE: Rape survivor, Aden Withers, settles civil suit against Kelowna RCMP

In the response, RCMP stated that Browning acted within the course and scope of her duties as an RCMP officer and did not act with malice. It is also claimed the officer had reasonable and probable grounds for the arrest and temporary detention of the plaintiff. The response alleges the plaintiff acted with volatile demeanour, was aggressive and refused to follow commands and that therefore the limited use of force by the defendant Browning was no more than was reasonable and necessary in the circumstances.

The civil response denies that Wang suffered any injuries as a result of the arrest on Jan. 20.

None of the allegations have been proven in court.

This is the second civil suit, brought forward against a Kelowna RCMP officer, alleging agressive use of force to be filed in court this month.

Like us on Facebook and follow us on Twitter.

BC Supreme CourtRCMP

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Comox set to apply for two infrastructure grants

Sanitary sewer, sidewalk extension in the town’s plans

The number of reported assaults in Courtenay jumped from 302 in 2019 to 364 in 2020. File photo
Assaults up in Courtenay, according to police statistics

The number of assaults increased significantly in Courtenay from 2019 to 2020,… Continue reading

Sawyer, a northern saw-whet owl that became synonymous with Mountainaire Avian Rescue Society, passed away peacefully over the weekend. Sawyer would make numerous public appearances with MARS staff in and around the Comox Valley and Campbell River. Photo supplied.
Popular MARS ambassador owl dies

Submitted MARS Wildlife Rescue has lost one of its mightiest ambassadors. Tiny… Continue reading

442 Transport and Rescue Squadron from 19 Wing Comox assisted in helping an injured hiker down from the top of Mt. Benson near Nanaimo Jan. 23. Photo by 19 Wing Comox
With video: 442 Squadron assists mid-Island mountain rescue

The crew on the Buffalo hand-launched 15 flares

Local musician and artist Daisy Melville created a watercolour portrait of U.S. Senator Bernie Sanders from the recent American inauguration, and with help from her mom, is now selling t-shirts and more with funds going to the Comox Valley Food Bank. Image submitted
Comox Valley artist turns Sanders inauguration meme into art for good

All proceeds from the sale of shirts, sweaters and more will go to the Comox Valley Food Bank

Rolling seven-day average of cases by B.C. health authority to Jan. 21. Fraser Health in purple, Vancouver Coastal red, Interior Health orange, Northern Health green and Vancouver Island blue. (B.C. Centre for Disease Control)
2nd COVID vaccine doses on hold as B.C. delivery delayed again

New COVID-19 cases slowing in Fraser Health region

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Cowichan Tribes chief Squtxulenhuw (William Seymour) confirmed the first death in the First Nations community from COVID-19. (File photo)
Cowichan Tribes confirms first death from COVID-19

Shelter-in-place order has been extended to Feb. 5

A woman wearing a protective face mask to curb the spread of COVID-19 walks past a mural in Victoria, B.C., on Monday, Dec. 7, 2020. THE CANADIAN PRESS/Marissa Tiel
Five big lessons experts say Canada should learn from COVID-19:

‘What should be done to reduce the harms the next time a virus arises?’ Disease control experts answer

A Vancouver Police Department patch is seen on an officer’s uniform as she makes a phone call. THE CANADIAN PRESS/Darryl Dyck
Vancouver man calls 911 to report his own stabbing, leading to arrest: police

Officers located the suspect a few blocks away. He was holding a bloody knife.

Christopher Anthony Craig Dick is wanted by the Port Alberni RCMP in connection to multiple investigations. (SUBMITTED PHOTO)
Vancouver Island RCMP seek man connected to assault investigations

Christopher Dick, 36, was recently in the North Cowichan and Duncan region

Vernon has agreed to a goose cull to control the over-populated invasive species making a muck of area parks and beaches. (Morning Star file photo)
Okanagan city pulls the trigger on goose cull

City asking neighbours to also help control over-population of geese

Members of the Saanich Fire Department can be seen working to put out a fire in the 4500-block of Chattertown Way on Jan. 26. (Saanich Fire/Twitter)
One cat killed, another resuscitated following blaze in Saanich townhouse

Neighbours evacuated following fire on Chatterton Way, third cat still missing

Most Read