Vancouver resident sues police for mistaken beating

A Vancouver resident mistakenly beaten by police at his home earlier this year has filed a lawsuit against the city, two officers and the municipality of Delta, B.C.

Yao Wei Wu alleges he was the victim of "assault and battery" as well as "wrongful arrest" and "false imprisonment" as a result of the "negligence" of the officers, according to documents filed Friday morning in B.C. Supreme Court.

The lawsuit does not seek any specific financial damages, which is common practice in B.C., unlike other provinces where a dollar figure is usually included.

Wu, 44, who works in the construction industry, was asleep when two plainclothes officers banged on the door of his home at about 2 a.m. on Jan. 21.

After he opened the door, officers Nicholas Florkow and Bryan London grabbed Wu and "dragged him outside and assaulted and repeatedly beat him without provocation or justification," the documents allege.

The officers were responding to a call about an incident of domestic abuse, but they had the wrong address. Wu suffered fractures to his face, his eyes were swollen shut and there were also injuries to his legs and his back, as a result of the incident.

The lawsuit states that Wu still suffers from physical and psychological injuries and has been unable to resume working as a tiling subcontractor.

None of the allegations has been proven in court.

But after news of the incident became public several weeks ago, Vancouver police Chief Jim Chu apologized to Wu. Delta police were also asked to investigate the incident. A spokesperson for the Delta police told the Vancouver Province this week that its investigation is ongoing.

The lawsuit filed Friday by Wu and his wife, allege that Delta has conducted a "negligent investigation" of the incident. Delta police failed to obtain forensic evidence from the scene of the beating, interview material witnesses or prepare a report to Crown counsel "in a timely way at all," the documents allege. As well, Wu alleges in the lawsuit that the officers should face criminal charges.

The couple is represented by Vancouver lawyer Cameron Ward, who was unavailable for comment on Friday.