T.O. COPS BEAT MAN: LAWSUIT

$1.1m In Damages Sought For Alleged Racial Attack

A Toronto man, who alleges he spent five days in hospital after
Toronto cops beat him unconscious and broke two of his ribs in an
"unprovoked," racially motivated attack, is seeking $1.1 million in damages.

Mark Lindsay, 35, who identifies himself as an African-Canadian in a
civil court lawsuit, alleged that two officers "pulled" him from his
friend Patricio Serrano's car outside a north Toronto highrise
without a valid reason Aug. 12.

In a statement of claim filed in Ontario Superior Court of Justice,
Lindsay alleged he was beaten, choked, punched, kicked and had his
head "repeatedly" bounced off the pavement until he became unconscious.

When Serrano told police that their assault was "disproportionate and
unwarranted," an officer drew a gun, told Serrano to "stand back or
he'll shoot" and later handcuffed him, it is alleged in the statement of claim.

It is also alleged that "many more officers" arrived in marked
cruisers and continued beating Lindsay, calling him a "f---ing n----r."

BROKEN RIBS

When Serrano cried out for help, one cop told him to "shut the f---
up" and "kneed him in back of the head," it is alleged.

Lindsay alleged he suffered two broken ribs, chest injuries, and
abrasions and scars on his body, face, mouth and head.

"He was hospitalized for five days," it is alleged.

The statement of claim, which was filed Monday, names unknown cops
"John Does and Jane Does" and the Toronto Police Services Board as defendants.

No number of police officers is specified.

A statement of defence has not been filed.

"These are allegations that have yet to be tested in court and due
process will take its course," Mark Pugash, spokesman with Toronto
Police Service, said yesterday.

Police alleged they found cash and marijuana on Lindsay, outside
Serrano's car, the statement of claim said.

Lindsay's lawyer, Selwyn Pieters, said in an interview that he does
not believe Lindsay has a criminal record.