Pubdate: Fri, 16 May 2003
Source: Windsor Star (CN ON)
Copyright: The Windsor Star 2003
Contact:  http://www.canada.com/windsor/
Details: http://www.mapinc.org/media/501
Author: Ellen van Wageningen

OFFICERS' SUIT OVER TRANSFERS REJECTED

Tip Led To Probe Of Drug Squad Cops

Ontario's highest court has rejected a lawsuit against their superiors by 
three veteran Essex County OPP officers, who went from hunting down drug 
dealers to mundane jobs after unsubstantiated theft accusations led to an 
investigation of the local drug unit.

Det. Staff Sgt. Frank Abbott, Det. Const. Tim Nyhoff and Const. Chance 
Chase allege in documents that their transfers out of the drug unit in 2000 
were a disguised form of punishment, offering them no recourse but to sue.

The Ontario Court of Appeal disagreed in a decision released Thursday.

"There is no gap which would give the Superior Court jurisdiction to hear 
the matter as a civil cause of action, the essential nature of which matter 
is discipline including disguised discipline," says the decision written by 
Justice Kathryn Feldman and endorsed by justices John Morden and David Doherty.

The three officers should make their case to the Ontario Civilian 
Commission on Police Services, which hears appeals of discipline decisions 
made against officers under the Police Services Act, the appeal court 
judges said.

The problem is that Abbott, Chase and Nyhoff were never charged under the 
Police Services Act and given no reason why they should be disciplined, 
said their lawyer Craig Allen.

Their OPP superiors "avoided the act altogether. They disguised the 
discipline -- it's a disguised form of discipline these transfers and 
secondments. So I say, what remedies do I have now under this Police 
Services Act? The only remedy I have is to make a complaint (to the 
commission) and that doesn't get me anywhere," he said.

Allen said an application for leave to appeal to the Supreme Court is being 
considered.

Harry McMurtry, lawyer for the six senior officers named in the lawsuit, 
could not be reached for comment. When the case was argued before the 
appeal court in November, he said Abbott, Nyhoff and Chase should be filing 
grievances under their collective agreement.

The six officers being sued took the case to the appeal court after Windsor 
Superior Court Justice Terry Patterson ruled the lawsuit should proceed.

Abbott, Chase and Nyhoff were seeking $650,000 each in damages from four 
superiors and two other officers, according to a statement of claim filed 
with the court. They also wanted the transfers and changes in their job 
descriptions quashed. Allegations in the statement of claim have not been 
proven in court.

The three officers' complaints go back to an anonymous Crime Stoppers tip 
that led to an internal investigation of the OPP's Windsor-based drug 
enforcement unit in 2000. While no discipline charges were ever laid, 
Abbott, Chase and Nyhoff were transferred out of the unit by the end of the 
year.

Named as defendants in the lawsuit are OPP Deputy Commissioner Vaughn 
Collins, Det. Chief Supt. David Crane, Det. Supt. James Hutchinson and Det. 
Insp. Ronald Gentle. Also named are Staff Sgt. Steve Layton, who was 
assigned to audit the Windsor-based drug unit and Det. Sgt. Brett Mailloux, 
current team leader of the unit.

Hutchinson and other OPP officers came to Windsor on April 26, 2000 and 
informed the members of the drug unit they were doing an internal 
investigation and audit because of a Crime Stoppers tip, according to court 
documents. The tipster claimed Chase had stolen money and a satellite card 
while executing search warrants and had stolen guns from another detective 
constable's office.

The lawsuit alleges investigators used an undercover officer posing as a 
money-toting criminal in an unsuccessful sting operation against Chase. He 
was assigned to help catch the supposed money launderer, who he was told 
was taking a large amount of cash to Casino Windsor. Chase and two other 
Essex OPP officers arrested the suspect and seized his car and money.

CREDENTIALS

* Staff Sgt. Frank Abbott, 48, has been with the OPP 29 years and is 
working out of the Essex detachment. He headed the Windsor drug unit for 
four years.

* Det. Const. Tim Nyhoff, 39, has been with the OPP 18 years and is with 
the criminal investigations unit. He was with the drug unit for eight years.

* Const. Chance Chase, 38, has been with the OPP 17 years. He is a patrol 
officer in Essex County and is also a member of the emergency response 
unit. He was with the drug unit for two years.
- ---
MAP posted-by: Larry Stevens