The Office of the Police Complaints Commissioner has found a Victoria police officer used excessive force during an arrest three years ago.
A witness had posted a video of the March 2010 incident on YouTube.
An adjudicator ruled Const. Christopher Bowser abused his authority by using excessive force during the arrest of Tyler Archer following a bar brawl.
The adjudicator said Archer was kicked and kneed several times despite being in a position that was "completely submissive."
Bowser will now face a disciplinary hearing.
The Victoria Police Department maintains its officers were in a very difficult situation, and reacted professionally and responsibly.
"I don't feel they acted unreasonably," said police Chief John Ducker. "I think they were just caught up in an unfortunate circumstance."
Archer’s lawyer Richard Neary disagrees.
"The persistent refusal of the Victoria Police Department to accept that they've done anything wrong is really, really unfortunate," he said. "It seems to be institutionally entrenched."
The Victoria Police Department has not yet decided if it will appeal.
B.C. Almanac live chat
B.C. Almanac hosted a live chat on this story today. Click below to see a replay of what was a very busy and lively chat.