Saint John police officer Chris Messer suing Attorney General, City of Miramichi
Case from 2010 saw Messer convicted for assault, but charge stayed on appeal
Saint John police officer Chris Messer has filed a lawsuit against the office of New Brunswick's Attorney General, the City of Miramichi, and Miramichi's Deputy Chief of Police.
The move comes almost 14 months after a Court of Queen's Bench judge issued a stay of proceedings that halted an assault trial against Messer.
It brought an end to a four-year investigation and prosecution that saw Messer suspended and convicted of threatening conduct and assault.
In his statement of claim, filed Friday, Messer alleges there was negligence in the investigation, that he was prosecuted maliciously, and that his constitutional rights were breached.
He spent six days in jail in August of 2012 before being released pending appeal.
He was later cleared of the threatening conduct charge and a new trial was ordered on the assault charge.
Returned to Saint John police
A short time afterward Messer was allowed to return to policing.
His problems stem from separate incidents in the fall of 2010 involving two men being questioned by city police in connection with a break in at the police officer's home.
One of the men later alleged he was threatened by Messer, the other claimed to have been assaulted.
In his statement of claim Messer alleges the investigation, which was handled by Brian Cummings of the Miramichi Police Force, was "performed improperly and negligently".
Messer then alleges the Crown did not have "reasonable and probable grounds" for believing he had committed a criminal offence when it launched the prosecution.
The statement of claim alleges further that the crown acted "maliciously, for reasons other than the pursuit of justice, namely, to destroy Messer's career and reputation."
None of the allegations has been proven in court.
Messer is seeking general, special, aggravated and punitive damages along with interest and costs.