As Brian pointed out with GREAT wisdom, the likelihood of a case like this going to court is at best EXTREMELY minimal. The front desk officer would boot to a supervisor, who would continue to boot it up the chain of command. It would likely end up on the desk of the city attorney, who would say, pay him for a new bike and anything else, (within reason), he asks for, and make it go away.
In Canada, most officers, EVEN if they made a grave error, would be difficult to sue, (firstly, they get a union paid lawyer), who would make the case go around and around and around, till they wore you down. Even then your better off suing the department with the officer as a "named" defendant. the department, and by extension, (city, province or federal gov't, depending upon which force is involved), has MUCH deeper pockets, than the individual officer. this is why in cases like wrongful death, they sue the department, and not just the officer.
As to where to sue depends on the amount of damages sought $1 - $25,000 Small Claims Court. $25,001 - infinitely Superior Court Of Justice, (in Ontario anyway).
In Canada, most officers, EVEN if they made a grave error, would be difficult to sue, (firstly, they get a union paid lawyer), who would make the case go around and around and around, till they wore you down. Even then your better off suing the department with the officer as a "named" defendant. the department, and by extension, (city, province or federal gov't, depending upon which force is involved), has MUCH deeper pockets, than the individual officer. this is why in cases like wrongful death, they sue the department, and not just the officer.
As to where to sue depends on the amount of damages sought $1 - $25,000 Small Claims Court. $25,001 - infinitely Superior Court Of Justice, (in Ontario anyway).
yea out of curiosity i would like to know this also. sue the officer in civil court? or sue the whole department?