A 15-page statement of claim, issued March 27, and filed at the Sault courthouse, outlines the basis for the suit against the police services board and two officers — Const. Matthew Keating and Staff Sgt. Ken Hruska.
The statement comes almost two years to the date of Mitchell's March 26, 2016 arrest, during which he suffered broken ribs and a punctured lung that developed into life-threatening injuries.
It also comes on the heels of Mitchell's Feb. 20 acquittal on two charges stemming from the arrest, and a judge's ruling that the actions of city police officers breached his rights under sections of the Canadian Charter of Rights and Freedoms.
When he dismissed the charges of resisting police and breach of a recognizance for consuming alcohol, Ontario Court Justice John Condon determined police had used excessive force when dealing with Mitchell.
Claims in the statement, filed by Toronto lawyer Davin Charney, have not been proven in court.
A statement of defence has not yet been filed.
Mitchell, 56, is claiming $2 million in general damages for false arrest, assault and battery, negligent investigation, malicious prosecution, misfeasonce in public office and malicious breach of public duty.
In addition to this, or as an alternative, he is seeking $500,000 for general damages, for breaches of three sections of the Charter.
Mitchell and the other plaintiffs — his children, grandchildren and siblings — want $1 million in aggravated and punitive damages, as well as special damages, and out of pocket expenses, details of which will be provided at trial.
His family also is claiming damages of $3 million, under the Family Law Act, and damages for intentional infliction of mental suffering, shock, malicious breach of public duty, misfeasonce of public office and negligence.
In the statement of claim, Mitchell's lawyer maintains that his client was assaulted and battered by Keating, whose use of force was "intentional and calculated."
Calling the officer's actions unlawful, the document says Mitchell was falsely arrested and arbitrarily detained contrary to the Charter.
Police were dispatched to Mitchell's home at 9:45 p.m. after receiving a complaint from the man's teenaged son that his father was intoxicated and had threatened him.
He was bound by a recognizance with terms that included no alcohol.
Keating, one of four officers who entered the home, believed Mitchell had been drinking, grabbed his arm, pushed him to a couch and arrested him.
The statement claims that Keating, a young, physically-fit member of the police department's "elite tactical unit," weighing more than 260 pounds with his equipment, "used his superior strength and weight advantage" to restrain the much older, 160-to-170 pound and "slightly intoxicated" Mitchell.
Mitchell offered "feeble resistance to the overwhelming size and strength" of Keating, but the officer delivered a "fully extended and forceful closed-fisted punch" to his left torso, the claim says.
He was taken to the police station and interviewed in the booking area, where he complained about the force used and told officers his ribs were broken.
"At that time, Const. Keating subjected Mr. Mitchell to abusive, provocative and demeaning comments," including calling him an old man, the document states.
Hruska, the officer in charge, witnessed some, or all, of Keating's alleged abusive behaviour, and his alleged excessive use of force, but didn't intervene, the statement of claim maintains, indicating all of the events at the station were captured on video surveillance.
It also alleges that Hruska was negligent in carrying out his duties, didn't ask Mitchell about his injuries and repeatedly violated his Charter right to retain a lawyer.
The statement claims that Keating "abruptly and forcibly pushed" Mitchell, who was sitting on a bench, then forcefully moved him down a corridor to the cell area and pushed him from behind once he was in the cell.
Officers noticed Mitchell was in medical distress at 11 p.m. and he was taken to the Sault Area Hospital, the claim says. He was assessed by doctors, who didn't diagnose the rib fractures, and was taken back to the station, where he was held overnight.
Mitchell was transported to the Algoma Treatment and Remand Centre on March 27 and transferred to the hospital the following day because he was having difficulty swallowing and breathing.
The court document says a CT scan revealed internal injuries and bleeding. His health deteriorated and Mitchell developed septic shock, acute kidney failure and an irregular heartbeat. Mitchell, who was in hospital for more than three months, underwent numerous surgeries, was in a coma for nine weeks and nearly died.
As a result of the injuries, Mitchell has developed serious health problems, including regular dizzy spells, memory loss and fatigue, his statement of claim says. As well, he has suffered an irreparable brain damage and experiences anxiety, insomnia and psychological illness.
Mitchell also is claiming that he's being harassed by members of the police service.
Since his arrest, he states that he has been repeatedly stopped while driving, and provincial offence notices have been issued "without legal justification."
In connection with this claim, "John Doe" officers are named as defendants in the suit for conduct carried out in "bad faith," with the "malicious purpose of harassing and intimidating" Mitchell.
The plaintiffs want the case to be heard in Sault Ste. Marie.
In November, 2016, the province's Special Investigations Unit, which investigated the March incident involving the city police and Mitchell, concluded that the evidence didn't provide reasonable grounds to believe excessive force was used in the circumstances.
Following Condon's decision, city police chief Robert Keetch announced the officers' actions will be investigated for possible misconduct by the Office of the Independent Police Review Director.
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