Image Credit: Shutterstock

A former Kamloops youth worker had his $1.3 million payout affirmed after the province tried to appeal the 2022 award and lost.

Michael McLellan was unlawfully arrested more than a decade ago and his injuries left him with long-term, life-altering pain, according to a BC Court of Appeal decision.

He was arrested on Feb. 11, 2010, outside Twin Rivers Education Centre. A youth he was working with allegedly pulled a knife on a teacher and McLellan got to the scene shortly after RCMP officers.

READ MORE: Kamloops lawyer accused of murder gets bail

Despite identifying himself, an officer handcuffed him and forced her knee into his back, then again while searching him.

Another officer grabbed him while he was in handcuffs in an "overly aggressive" attempt to get McLellan on his feet.

McLellan's injuries to his wrist and shoulder healed quickly, but he still suffers lower back pain 13 years later, along with mental health issues similar to post-traumatic stress disorder, according to the decision.

He was 31 years old at the time of the unlawful arrest.

READ MORE: iN PHOTOS: This is what moving day looks like at Kelowna’s tent city

Each year, he gets surgery to relieve nerve pain and injections every six months, while also using cannabis for additional relief.

McLellan was a semi-professional baseball player at the time of the arrest, but he hasn't played since, according to the decision.

Even minor tasks have been difficult on his body and he's struggled to find work that doesn't cause him pain.

READ MORE: Kamloops RCMP investigating prison interview leaked online

The Ministry of Public Safety argued in its appeal that McLellan could have worked in the more than ten years after the arrest. It also argued he was awarded damages for a wrongful conclusion that McLellan had PTSD.

However, Justice Elizabeth Bennett said there was no suggestion McLellan had PTSD in the original decision. He does, however, live with depression and anxiety, which was due to the arrest and the injuries sustained.

The BC Court of Appeal dismissed the case and affirmed McLellan's $1.3 million award for the wrongful arrest.

The officers involved were not charged criminally.

To contact a reporter for this story, email Levi Landry or call 250-819-3723 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here.

News from © iNFOnews, 2023