A lawsuit filed in Saskatoon Court of Queen’s Bench alleges a former Saskatoon police officer — who is now charged with three on-duty assaults — used excessive force during a separate canine arrest.
The statement of claim alleges Jarett Gelowitz committed an assault on June 24, 2016 when he released a police dog that attacked Darrell John Grodesky, who says he was co-operating with his arrest.
Gelowitz was still an active police officer when the lawsuit was filed in June, two months before he was fired from the Saskatoon Police Service.
In the claim, Grodesky alleges he was walking from his vehicle to an open garage in an alley on Avenue M South when Gelowitz pulled up in an unmarked police car.
The suit says he immediately raised his hands and proceeded to lie face-down on the ground after Gelowitz presented his police dog and threatened to engage the animal.
According to the lawsuit, Gelowitz still released the dog, which then bit Grodesky’s leg and caused “permanent damage.”
The claim also names Const. Chris Martin as a defendant, alleging the officer punched Grodesky in the head while Grodesky was being restrained by the dog.
“During the entirety of the assault, the Plaintiff was attempting to allow the Defendants to administer handcuffs so that the assault would end and the police dog would be disengaged,” the lawsuit states, adding Gelowitz should have known Grodesky wasn’t resisting.
Gelowitz’s decision to sic the dog “was a vicious use of force far beyond what was necessary and required,” according to the claim.
The lawsuit claims the Saskatoon Board of Police Commissioners is liable for the officers’ actions because they were employees or agents of the board at the time of the incident.
Grodesky says he is entitled to damages — to be proven at trial — for loss of income, medical expenses and sustained injuries including headaches, scarring, nerve damage and post-traumatic stress disorder.
Statements of claim contain allegations that have not been tested in court. Defendants have 30 days to respond after they have been served.
Robert Gibbons, lawyer for the Saskatoon Board of Police Commissioners, reserved comment until the document is served.
“The board is required to provide counsel to defend officers. Under the collective agreement, even if someone is no longer a member of the service, they still enjoy that protection,” Gibbons noted.
There is no record of an SPS internal investigation in relation to the allegations against Gelowitz or Martin, city police spokesperson Alyson Edwards confirmed. She said an investigation would have been launched if the plaintiff made a formal complaint.
Gelowitz has been committed to stand trial on an assault charge stemming from an arrest in December 2016, six months after the alleged police dog attack.