Originating from a threesome in Wallaceburg, a family has named the Chatham-Kent Police Service, a CKPS constable and their next-door neighbours in a $2.4 million lawsuit.
The lawsuit alleges a common law couple from Wallaceburg engaged in a consensual sexual encounter with a female 21-year-old neighbour, back in 2009.
Following the threesome, the man and the neighbour continued an affair for eight months.
The man eventually ended the relationship, but the neighbour did not want this to happen.
Subsequently, the neighbour sent sexually explicit text messages, pornographic photos and gifts to the man.
When the neighbours fiancee learned about these communications, she ended up telling the Chatham-Kent Police Service that the man was harassing her.
Charges were laid on the common law couple.
After the neighbour was confronted by the Chatham-Kent Police Service about the naked photos, texts and calls, she admitted the story about harassment had been fabricated.
The lawsuit alleges that the female neighbours parents never accepted the fact that the threesome or subsequent sexual relationship ever took place. They continued to insist that their daughter was an innocent victim and was being harassed.
Since the charges were dropped, the lawsuit alleges the neighbours have demonstrated a “vicious animosity” towards the common law couple and started a campaign to harass them.
A total of 15 police reports were written up over the course a six month span in 2012. No charges were laid at this time based on these complaints.
In April of 2012, the neighbours allegedly installed three video cameras aimed at the couple’s home.
They were in operation around the clock and were constantly surveilling the couple.
The statement of claim says it was the Chatham-Kent Police Service who suggested to the neighbours to install these surveillance cameras.
Later that fall, a dispute over a strip of land led to an argument and eventually to an investigation by the Chatham-Kent Police Service.
On September 27, 2012, the suit alleges a Chatham-Kent police officer “maliciously or negligently swore false information” against the couple, in order to obtain a Feeney Warrant, which would allow the police to enter their home without warning or consent.
The police officer stated the couple was “evading service of a summons” and therefore the Feeney Warrant was required.
The couple was arrested in their home on charges of mischief and harassment.
During the arrest, the lawsuit alleges the police entered the couple’s home in “‘SWAT team’ fashion – unannounced, climbing over fences, entering with a battering ram, yelling with guns drawn.”
The man was allegedly put in a choke hold and the woman was pinned to the wall, while the police “cleared” the home. This was done all in front of the couple’s two children.
After 18 months and at least eight court appearances, the charges against the man were all dropped, while the woman entered into a peace bond in order for the charges against her to be dropped.
Both of them had pleased not guilty in the case.
The lawsuit states the Wallaceburg family have suffered emotion distress and emotional damages from the events. The children have been taunted and bullied at school as a result, and one of the children has contemplated suicide.
Even after the charges were withdrawn, the lawsuit states that the couple sold their home in June 2015, at a loss, to “escape the continuing harassment and surveillance” from their neighbours.
The lawsuit alleges malicious prosecution, conspiracy, breaches of the Charter of Rights, and other claims, including, wrongful arrest, false imprisonment, and negligent investigation.
The statement of claim was filed in the Chatham courthouse on Wednesday, January 6.
None of the allegations have been proven in court.
