RCMP. (Phil McLachlan - Black Press Media)

RCMP. (Phil McLachlan - Black Press Media)

Kelowna Mountie hit with 2nd lawsuit in 2 months for alleged assault

Const. Julius Prommer is accused of breaking a woman's knee during while responding to a noise complaint

  • Oct. 29, 2020 12:00 a.m.

A Kelowna Mountie is facing a second lawsuit alleging his excessive use of force resulted in broken bones.

Judith Reid filed a civil claim on Monday, Oct. 26 alleging Const. Julius Prommer broke her knee while responding to a noise complaint in February 2018. The incident was previously investigated by B.C.’s police watchdog, the Independent Investigations Office (IIO), during which Prommer denied the claims.

The suit follows a similar one against the same officer over an incident last month. Dustin Blondin alleged that Prommer broke his hand during a traffic stop in September 2020. The injury later required surgery.

Following local media reports of that incident, Reid stated she realized she had a “legitimate claim” against Prommer over her incident with the officer dating back more than two years.

Reid claims she was in her room in Kelowna on the evening of Feb. 28, 2018, doing exercises. Allegedly, this upset the upstairs neighbour who called the police.

When the officer, alleged to be Prommer, arrived at the door, Reid opened it. She says she told the officer to wait a moment and went to grab her phone from her bed. She then informed Prommer that if he wanted to have a conversation with her, she would be recording it.

“Without any indication or provocation, Prommer entered the plaintiff’s room and forcibly kicked the back of the plaintiff’s leg,” the suit claims.

“As a result of Prommer’s assault on the plaintiff, the plaintiff fell to the floor of her bedroom in excruciating pain.”

The claim states, Prommer then handcuffed Reid and attempted to drag her back up on her feet.

“(Prommer) proceeded to berate the plaintiff to stand up on her leg, which was obviously damaged by Prommer’s assault on the plaintiff,” reads the claim.

Given the pain Reid was in, Prommer then called for an ambulance, which transported both of them to Kelowna General Hospital.

The suit claims after waiting for a while without being attended to in the emergency department, Reid agreed to go to the RCMP detachment to be processed.

During transport to the detachment, Reid claims Prommer intentionally moved his seat back, squeezing her already injured leg, putting her in further discomfort. She says she was placed in the “drunk tank” upon arrival at the station, despite having no alcohol in her system.

An ambulance transported Reid back to the hospital following her release from RCMP custody. X-rays showed she suffered a tibial plateau fracture, which required surgery.

The suit claims Reid was never informed of the reason for her arrest and she was never charged in relation to the incident.

Reid claims she still suffers nightmares, sleepless nights, depression and anxiety due to Prommer’s actions.

The IIO report, delivered in February 2019, found Prommer did not use excessive force but noted that, despite knowing of Reid’s injuries, RCMP failed to report the incident when it happened. The IIO did not become aware of the incident until almost four weeks later when Reid reported it herself.

The claims have not yet been tested in court, and neither Prommer nor the RCMP has responded to the civil claims.

READ MORE: Kelowna man injured during arrest sues RCMP

READ MORE: Kelowna Mountie at centre of UBCO wellness check investigation faces third lawsuit

Do you have something to add to this story, or something else we should report on? Email: michael.rodriguez@kelownacapnews.com


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