Toronto police are facing a $1.75-million lawsuit by a community worker whose home was raided in May 2008, CBC News has learned.

The lawsuit was filed by Brian Henry and his wife, who live in the Malvern neighbourhood. Their home was raided after a tip from an unknown informant.

Police never found the guns or drugs they were looking for, but the lawsuit alleges they caused damage to the couple’s home.

It also alleges the police failed to show Henry or his family a copy of the search warrant, although they asked several times, and that police broke doors and left holes in walls.

“The house was made an absolute mess. A year later, we still haven’t been able to clean up all of the physical mess and damage to the residence,” Henry told CBC News.

Henry also is suing for emotional harm.

The lawsuit alleges his wife, who had given birth just three weeks before, was handcuffed and forced face-down on the ground.

It also alleges their eldest daughter had just gotten over her struggle with bed-wetting, but, said Henry: “Immediately after the incident, it started again and it hasn’t stopped. She’s now 10 going on 11.”

Marijuana charge dropped

Police charged Henry with possessing a small quantity of marijuana, but that charge was later dropped.

The claim states police had no reason to search his home.

Lawyer Aswani Datt says his client has no other option.

“To go to court to get the answers that somehow somebody has the information and the evidence that was used against him to violate his rights as indicated in the claim.”

An official with Toronto police said the service hasn’t yet been served any papers.

None of the allegations has been proven in court.

http://www.cbc.ca/canada/toronto/story/2009/07/06/police-lawsuit.html