The City of Vancouver has now filed its response to the civil claim filed by Margie and Mark Gray about the alleged beating death of their son Myles by Vancouver police, admitting none of the facts alleged in the lawsuit.
The civil lawsuit was filed against seven officers involved who are not named but are identified as John Does 1 through 7 (as well as four other officers who dealt with the case but were not on scene when the altercation with Myles Gray took place), the Vancouver Police Board, the Vancouver Police Department and the City of Vancouver.
The city was named in the lawsuit as being “statutorily responsible and vicariously liable” for the acts of the officers and the police board.
The lawsuit was filed on Feb. 11, 2016 and the city’s response was filed on April 27.
In its response the city states that the Vancouver Police Department cannot be sued, as “it is not a juridical entity and has no legal status of any kind.”
The response also says the city is not directly or vicariously liable for torts committed by Vancouver police constables.
“The city’s sole statutory duty in respect of policing and law enforcement is to bear the expenses necessary to maintain law and order within its boundaries,” the response states.
“Vancouver police constables exercise original ministerial authority and not delegated authority. Police constables are not agents, employees or servants of the municipality in which they serve.”
The response also notes that the city will provide “further factual particulars” in an amended response after the Independent Investigations Office (IIO) has concluded its criminal investigation into Gray’s death.
The IIO was still investigating at Coast Reporter’s press time this week and none of the other defendants named in the lawsuit had filed a response to the civil claim.
